Business terms and conditions

Business terms & conditions

I. GENERAL PROVISIONS

1.1          The provider is Economia Trainings, Economia, PLC., Pernerova 673/47, 18600, Prague 8, company no.: 28191226, tax no.: CZ28191226, registered on the commercial register maintained by the Prague Municipal Court, section B, file 12746 (hereinafter referred to as ‘the provider’). The client is a legal person who is interested in availing of training or types of training (hereinafter referred to as ‘the client’) that is intended for employees of the client or other persons related to the client (hereinafter referred to as ‘the participants’).

1.2          The provider contact details are: Economia Trainings, Economia, PLC., Pernerova 673/47, 18600, Prague  8, email: trainings@economia.cz. Tel: +420 233 073 202.

1.3          The provider has the obligation to provide training for the client within the agreed time and scope by means of individual training events. The client has the obligation to pay a specified fee to the provider for the agreed training as stated in the binding order and billing invoice, and to reimburse the provider for further costs associated with the training.

1.4          These business terms and conditions (hereinafter referred to as the ‘business terms’) govern the rights and obligations between the provider and the client. They form an integral part of the legal relationship between these persons at the time of confirmation of the binding order by the client. By signing the order, the client confirms that they are properly acquainted with the business terms and accepts them without reservation.

1.5          Relationships between the provider and the client are further governed by the laws and jurisdiction of the Czech Republic. All disputes arising out of such relationships will be ultimately settled by a local and relevant court of the provider.

1.6          If any of the present or future business terms appear to be wholly or partially invalid or unenforceable, the validity or enforceability of the other provisions of the terms and conditions shall remain unaffected unless otherwise provided for by the mandatory provisions of the law.

 

II. ORDERING AND SUBJECT OF IMPLEMENTATION

2.1          The client will submit a non-binding request (hereinafter referred to as a ‘demand’) and deliver it to the provider at the address given in 1.1 of the business terms or by email at the following email address: trainings@economia.cz. At the client’s request, the preliminary terms will include the required training demand and its expected content and scope.

2.2          The provider is obliged to contact and agree with the client, no later than 3 (three) working days from the delivery of the demand by the client, the following procedure; the specific conditions of the entire training event including the required place of training, the start date and duration of training, the number of participants, the number of training sessions, their specific dates and prices.

2.3          Under this agreement the provider will make an offer to which the client commits to make a written statement within 5 (five) working days whether to accept or comment on it and to specify how to subsequently proceed according to section 2.1 of the business terms. The inactivity of the client is deemed to be acceptance of the provider’s offer.

2.4          Based on the agreed offer by the provider, the order will be sent by the client via the provider’s form or the client’s own form. The order must include at least the following information:

2.4.1   Complete and correct client identification information including the billing address, if different from the address of the client’s place of business;

2.4.2   Specifying the content, extent, number of participants in the training, the place and date of the event;

2.4.3   The amount of remuneration for services rendered, agreed with the provider;

2.4.4   Requirements for the trainer;

2.4.5   The email address of the contact person charged by the client with the order;

2.4.6   The handwritten signature of the client or persons authorised to act on behalf of it.

(Hereinafter referred to as the ‘order’)

2.5          The client agrees to send an order to the provider in accordance with section 2.1 of the business terms. At this point the order becomes binding for the client and is only authorised to amend it with the consent of the provider. The conclusion of the contract between the client and the provider based on the order sent is made either by acceptance of the order by the provider and by sending the signed order to the email address of the client contact person as stated in the order or the factual start of the service provision by the provider, whichever comes first. For avoidance of any doubt, the date of sending the order to the address of the provider in accordance with section 2.1 of the business terms is considered to be decisive for the purpose of cancellation of the terms and time limits.

2.6          In the case of a contract for the provision of a training event between the provider and the client, the provisions of such a contract shall always prevail over these business terms.

2.7          At the latest 10 (ten) business days prior to the scheduled commencement of the ordered training event or any of its part, the client undertakes to submit to the provider all materials and information necessary for the proper provision of the ordered services. Otherwise the provider is not responsible for the delay or for the failure to provide services, or for the incomplete performance of the order content. In the event of a breach of this obligation the provider is entitled to claim, in addition to the refund of costs actually incurred, a contractual penalty equal to the price of the services according to the order. The contractual penalty is payable within 14 (fourteen) days from the date of delivery of the request of payment to the client. The right to compensation for the loss incurred is not thereby affected.

2.8          A contract based on the order of the client is concluded in the Czech language.

2.9          The provider is not bound by any of the code of conduct within the scope of section 1826 (1) (B) of Act No. 89/2012 Coll., The Civil Code, in its effective form (hereinafter referred to as the ‘civil code’).

2.10       For the duration of the contractual relationship arising from the basis of the order, the contract will be deposited with the provider which will allow the client to access it on the basis of an order confirmation made by the provider sent to the client via its email contact person. When such electronic means of communication are used for the conclusion of the contract, the provider of the contract shall inform that the concluded contract is archived in electronic form upon filling in the form and placing it on the website of the provider.

 

III. PROVIDER REMUNERATION, PAYMENTS DUE, PAYMENT CONDITIONS

3.1          The remuneration to the provider for the specified training will be determined by the provider as a follow-up to the joint negotiation under sections 2.1 to 2.3 of business terms.

3.2          The remuneration to the provider under section 3.1 of the business terms shall be payable in instalments, once a month, at the sum of the price of the partial training made in the calendar month, based on the invoice sent by the provider to the client. The monthly payment of the remuneration to the provider in the amount determined according to the previous statement is payable every 14 (fourteen) calendar days from the date of issuing the billing invoice by the provider, unless the provider and the client (hereinafter referred to collectively as ‘the parties’) agree other maturity terms. The obligation to pay a fee or a part thereof, including related costs, is deemed to have been fulfilled when the full amount of the remuneration is credited to the account of the provider stated on the billing invoice.

3.3          If the order of the client covers also the costs of providing accommodation and meals for participants or trainers, the cost of providing transportation to participants or trainers, the cost of hiring the training area, the client undertakes to pay these costs separately, e.g. in addition to the remuneration due to the provider for supplying the training event. In such cases, the reimbursement of costs is payable together with the payment of remuneration to the provider for the training event, in order to ensure and specify that these costs were incurred by the client.

3.4          All payments under these business terms are payable in non-cash to the account of the provider stated on the billing invoice. The provider is a value added tax registrant (‘VAT’) and VAT will be applied to the remuneration due to the provider in accordance with applicable law.

3.5          In the event of default by the client on the payment of its financial obligation under the business terms, the provider shall be entitled to interest on late payment of 0.1% of the amount due for each day of delay.

3.6          In this respect the client expresses its consent to the production and sending of an electronic form in PDF format to the email address stated in the order or otherwise chosen by the client. Concurrently, the client declares that it has the appropriate means to receive, verify and open an electronic document sent in PDF format.

3.7          If the client is in default to the provider to reimburse any part of the remuneration for more than 30 (thirty) days past due, the provider reserves the right to interrupt or restrict the provision of additional services, without any claim by the customer for a discount, compensation or substitute performance. During delay of payment by the client of the remuneration due to the provider, or part thereof, the provider is not in default in fulfilling its obligations as stated in the confirmed order.

 

IV. CANCELLING PART OF OR ALL TRAINING, PENALTIES

4.1          Both the provider and the client may cancel part of or all of the training agreed under section 2.5 of the business terms by message sent to the other party by email to the email address of the authorised person specified in the order (the address of the authorised contact person of the client or of the provider). For the purposes of sections 4.3 to 4.5 of the business terms, when the cancellation of a part or the whole of the training is initiated, the delivery time of the cancellation report of the specified training event to the other party takes precedence.

4.2          The cancelled part or entire training may be replaced by a new date on which both parties agree. In this case, the provider does not charge the client any cancellation fees or contractual penalties.

4.3          In the event of cancellation of all or part of the training by the client in accordance with section 4.1 of the business terms later than 24 (twenty four) calendar days, but not earlier than 12 (twelve) calendar days before the scheduled start of the specified training event, a penalty equal to 50% (fifty per cent) of remuneration to the provider for the entire training cost is due under section 3.1 of the business terms for this specified training event. The contractual penalty is due under section 3.2 of the business terms based on an invoice issued by the provider.

4.4          In the event that training ordered by the client under section 4.1 of the business terms is cancelled by the client later than 12 (twelve) calendar days prior to the scheduled start of such training, or if the client does not participate in the training, the client shall pay to the provider according to section 3.1 of the business terms a contractual penalty equal to 100% (one hundred per cent) of the cost of the entire training.  The contractual penalty is due under section 3.2 of the business terms, based on an invoice issued by the provider.

4.5          The matter of cancelling part or all of the training by the client in accordance with section 4.1 of the business terms does not affect the obligation of the client to compensate the provider for costs incurred by the provider in relation to the delivery of such partial training (section 3.3).

 

V. PERSONAL DATA PROCESSING AND BUSINESS COMMUNICATION CONSENT

5.1          In cases where, in relation to a contract for the provision of a training event, the provider will process the personal data of third parties (in particular participants) within the definition of Act No. 101/2000 Coll., On the Protection of Personal Data and Amendment on Some Acts (hereinafter referred to as the ‘Personal Data Protection Act’). The parties are aware that, in accordance with the Personal Data Protection Act, the client acts in its capacity as a personal data controller and as a provider of personal data in the performance of this contract. For these reasons, a contract for the processing of personal data within the definition of section 6 of the Personal Data Protection Act as specified below is part of the contractual relationship between the provider and the client.

5.2          For the purposes of the contract for the processing of personal data between the provider and the client, the personal data of the training participants (hereinafter referred to as the ‘subscriber personal data’) is defined as the information relating to natural persons who are subject to the protection of the Personal Data Protection Act who were communicated to the provider by the client for participation in ordered training events.

5.3          By the sending of an order for a training event, the client instructs the provider to process the subscriber personal data. The provider is obliged to process the subscriber personal data in accordance with the Personal Data Protection Act. The provider acknowledges that if the client discovers that the provider violates the obligations under the Personal Data Protection Act, it is obliged to promptly notify the provider and for the provider to terminate the processing of subscriber personal data (section 8 of the Personal Data Protection Act).

5.4          The provider is not entitled, without the prior consent of the client, to pass subscriber personal data to third parties. The processing of subscriber personal data will take place for the duration of the training event and for the period necessary to protect the legitimate interests of the provider. The provider is not authorised to process subscriber personal data for any purpose other than the provision of the ordered training.

5.5          The provider undertakes to take reasonable measures to prevent unauthorised or accidental access to, change to, destruction of or loss of subscriber personal data, unauthorised transmissions, other unauthorised processing, or other misuse of subscriber personal data. The provider shall, to the extent set out in the generally binding legal regulations, ensure that its employees and other persons working with subscriber personal data are informed that such data is to be kept private and not provided to third parties.

5.6          The client hereby agrees, within the definition of section 7 of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Some Acts, by sending commercial communication by electronic means. The client is aware that its consent to the sending of commercial communication and electronic mail for the purpose of offering products and services, including sending of information about organised events, products and other activities of the provider, may at any time be revoked by it writing to the address of the office of the provider or via email as referred to in section 2.1 of the business terms.

 

VI. LIABILITIES

6.1.        In view of the specific nature of the service provider, the provider does not bear any liability for any loss, damage, personal or professional adverse effects, loss of business opportunities or employment, loss of earnings or profits that could be considered as a direct or indirect consequence of the services provided by it or its results.

6.2.        In view of the specific nature of the service provider and the subject of performance, the client acknowledges and agrees that its sole claim in the event of dissatisfaction with the provided training event or the outcome of the training is the right to a reasonable discount on other ordered services. The client must notify the provider of its reservation on the performance provided, if the discrepancy in performance is directly caused by breach of the obligation of the provider to deliver with the usual proper professional care associated with such kinds of performance, immediately after the end of the training event but no later than within 15 (fifteen) days. The amount of a reasonable discount on other services is decided by the provider on the basis of its exclusive decision.

 

VII.  FINAL PROVISIONS

7.1          The provider reserves the right to change the trainer for important organisational and operational reasons. The provider shall immediately inform the client of the change via the email address of the client contact person given in the order.

7.2          The client may not use, directly or indirectly, in the Czech Republic and Slovakia, for the duration of the entire training event (until the final part of training) and for the next 12 (twelve) months after its termination without the prior written permission of the provider; the trainers ordered by the client on the basis of its order (hereinafter referred to as the ‘provider trainers’). If a provider trainer terminates their contractual relationship with the provider within the duration of the training event or there afterwards, it does not alter the obligation of the client under the aforementioned statement.

7.3          In the event that the client violates the obligation set out in section 7.2 of the business terms, the provider shall be entitled to be awarded a contractual penalty of CZK 250,000 for each individual breach. An individual violation of the aforementioned legal obligation by the client for the purposes of this section means the direct or indirect use of the services of a particular provider trainer who provided client services on the basis of an order to the provider. The provisions of the contractual penalty are without prejudice to the right to compensation for any damage caused by the breach of the obligation to which the contractual penalty applies, even if the damage exceeds the contractual penalty.

7.4          The client acknowledges that the materials handed over to the client or participants during the training can contain features of an author’s work, as defined by Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright and on Amendment to Certain Acts (the Copyright Act), and can thus be subject to copyright protection. In this context the client undertakes not to interfere with the copyright of any such material in any way and will not reproduce and disseminate such materials without the permission of the provider, with the exception of training participants.

7.5          The provider is entitled to use the business name / client name for marketing purposes as a reference in all types of promotional materials (regardless of the form of these promotional materials or the form in which they are communicated). Usage of the client logo is allowed by the provider only with the prior consent of the client.

7.6          The client agrees to use remote means of communication when negotiating with the provider about the content of the order and its sending. Costs incurred by the client when using remote communication means in relation to the ordering of a training event shall be borne by the client itself.

7.7          The provider reserves the right to change the content of the business terms. The updated business terms will always be posted on http://economiatrainings.cz/ and information on changing the business terms will be made at the behest of the provider by submitting the relevant information together with the updated business terms in a suitable format (e.g. PDF or HTML) via email address or other appropriate written notices. Such an amendment shall enter into force upon expiry of the time limit set by the provider which shall be at least a minimum of 30 (thirty) days from the date when the client was notified of the change of the business terms. In the event of a conflict in the wording of the business terms, the business terms published on http://economiatrainings.cz/ are to be considered valid and binding.

7.8          If the client does not agree with the respective changes to the business terms, it is entitled to terminate the contract concluded on the basis of an order no later than 5 (five) days prior to the effect of the respective changes to the business terms. In the event that the client does not exercise its right to terminate the contract, it agrees to the changes made to the business terms.

7.9          The client however, reserves the right to accept such changes to the business terms which will not involve the client’s right to terminate the contract, provided that such a change the client will be bound by only if it agrees with the aforementioned changes.

7.10       The parties do not desire to go beyond the extent of the explicit provisions contained in the order or its confirmation, in the written agreement, in any rights and obligations that have been inferred from past or future practice established between the parties or practices maintained in general or in the field relating to the subject of performance of their contractual relationship, unless otherwise agreed in writing. In addition to the above the parties confirm that they are unaware of any business practices or practices that have to now been established between them.

These business terms & conditions are effective from the 1st of January 2017.

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Economia, a.s.
Pernerova 47, 186 00, Praha 8
T: +420 233 071 111
E: trainings@economia.cz

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