Terms and Conditions
1. Introductory provisions
1.1. These terms and conditions are an integral part of Agreement entered into between the Client and the Provider, and define binding rules and conditions of providing Services and use of SingleCase. These terms and conditions govern the contractual relationship between Provider of the Service SingleCase and the Client.
1.2. The definitions set below have for the purpose of these terms and conditions following meaning:
- T&C – means these Terms and Conditions.
- Agreement – means an Service Agreement entered into between the Client and the Provider.
- Client – means an individual conducting business or legal entity entering into Agreement with the Provider.
- Provider – means the company Single Case, s.r.o., with its registered seat at Národní 973/41, Staré Město, 110 00 Prague 1, ID. No.: 02894815, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 225059.
- Product list – means a document, which is attached to the Agreement, and describes functionality of the SingleCase and Service in details.
- SingleCase – means software application for administration of Clients files (designated especially for attorneys, tax advisors etc.), to which the Provider provides the Client with license within the Service provided.
- Price list – means a document, which is attached to the Agreement, and which sets the price of Service and its parts.
- Service – means the Service provided by the Provider to the Client under the Agreement, and which includes license to the SingleCase, maintenance of the SingleCase, service support and other related services, to the extend agreed to in the Agreement and Product list.
- Trial version of the Service – means trial version of the Service, which is made available to the Client free of charge and to a limited extent.
- Administrator – means a person designated by the Client for administration of his User Account.
- User – means a natural person who works for the Client (as his employee, partner, executive director, a person cooperating with the Client on a long-term basis under the agreement of providing legal services), for which the Client sets up a User Account.
- User Account – means user account in the SingleCase with a unique access code and password.
- Civil Code – means Act no. 89/2012 Coll., Civil Code, as amended.
- Act on the Legal Profession – means Act no. 85/1996 Coll., on Legal Profession, as amended.
- Data security system – means a document, which is attached to the Agreement, describing methods of securing data stored in the SingleCase application.
- Service blackout resolution – means a document, which is attached to the Agreement, describing standardized scenarios dealing with Service blackout.
- Parties – means jointly the Client and the Provider.
2. Method of acceptance of T&C
2.1. Service is provided to the Client based on concluded Agreement. An integral part of the Agreement are these T&C.
2.2. The Agreement is concluded on the day of signature by both Parties. In case the Agreement is concluded through the web interface, the Agreement is concluded upon payment of the price for Service (in case of wireless transfer when the amount corresponding to the price for Services is credited to the bank account of the Provider) in the amount specified in the first billing period. This does not apply if the Client will be using Trial version of the Service under the conditions set in the art. 4 of these T&C.
3. Providing of the Service
3.1. The Provider runs SingleCase at the internet address singlecase.cz and its subdomains or on Client´s servers according to the Agreement and technical specifications stated in the Product list.
3.2. The scope of Services is defined in the Product list, which is attached to the Agreement. Product list defines the individual partial Services in terms of content and method of activation in details.
4. Trial version of the Service
4.1. Before the Agreement is concluded the Provider shall enable the Trial version of the Service to the Client through the web domain singlecase.cz, to the extent defined by the Provider.
4.2. By completing the registration form on the web page singlecase.cz the Client accepts the terms of providing the Trial version of the Service, which are governed by art. 4., art. 7., art.9., art. 11., art. 12., art. 14. subsection 6, art. 15., art. 16., art. 17. and art. 18 of these T&C.
4.3. Trial version of the Service is provided to the Client for the period of 30 days, unless the Provider decides otherwise.
4.4. The Client using the Trial version of the Service is entitled to save data, but only for the purpose of verifying system functionality. The Client takes into consideration, that the Provider is not responsible for accessibility and preservation of data saved by the Client by using the Trial version of the Service.
4.5. Prior to the expiration of the Trial version of the Service, the Provider shall enable the transfer to the paid version of the Service to the Client and provides him with non-binding payment information. By paying the price the Service will activate in agreed extent and data saved by the Client in the Trial version of the Service will be transferred to the paid version of the Service. In case that the Client does not use the option to transfer to the paid version of the Service, the provision of the Trial version of the Service ends when the period, for which the Trial version of the Service was provided to the Client, expires.
4.6.The Client takes into consideration that data saved by the Client in the Trial version of the Service will be after expiration of the period, for which the Trial version of the Service was provided, irretrievably erased. The Client will be informed of upcoming expiration of the Trial version of the Services and deletion of the data after its termination by e-mail or via the internet domain of the Trial version of the Service.
5. Duration of provision of the Service
5.1. The Agreement stipulates if it was concluded for a definite or indefinite period of time.
5.2. If the Agreement does not specify the duration of the Agreement, it is deemed that the Agreement has been concluded for an indefinite period of time.
6.1. The Client is obliged to pay the price for using the Service based on delivered tax documents (invoices) issued by the Provider. Invoices will be issued in electronic form. Prices for Services are set according to applicable Price list, unless the Agreement specify otherwise.
7. License agreement
7.1. The Client takes into consideration that all proprietary copyrights and other intellectual property rights to the SingleCase belongs to the Provider. The Client is therefore obliged to use SingleCase only within the scope of the license provided.
7.2. The Client by the conclusion of the Agreement acquires nonexclusive license to the SingleCase for one or more Users depending on the number of established User Accounts. The Client is not entitled to grant or assign license or sub-license to a third party without prior written consent of the Provider. The Client is also not entitled to rent SingleCase or otherwise make SingleCase available, both free of charge or for consideration, to the third parties without prior written consent of the Provider. The license also applies for all updates or adjustments to SingleCase that will be performed by the Provider.
7.3. The Client has no right to obtain the source code to the SingleCase, nor to view it, modify it, or interfere with it in any way.
7.4. The Client is not entitled to incorporate SingleCase in another software equipment without prior written consent of the Provider.
8. Payment conditions
8.1. The billing period for Agreement concluded for an indefinite period of time is a calendar month. The billing period for Agreement concluded for a definite period of time is the period (number of months), for which the Agreement was concluded.
8.2. In case the Agreement is concluded for a definite period of time, before that period expires the Provider will send to the Client the non-binding payment information to pay for the Services for the same period of time. In case the price for the Service is paid in accordance with the payment information, the period of provision of the Service will be automatically extended.
8.3. In case of delay in payment of the price for the Service, the Provider is entitled to receive an interest on late payments in the amount of 0,1 % of outstanding amount for each commenced day of delay. If the Client is in delay with the payment of the amount charged for a period of time longer than 30 days, the Provider is entitled to suspend or limit the provision of the Service until the full payment of the debt. For the period of suspension or limitation of provision of the Service, the Client is still obliged to pay the price in accordance with the delivered tax documents. Repeated delay in payment during last 6 months on the side of the Client is considered as a substantial breach of the Agreement.
9. Rights and obligations of the Provider
9.1. The Client is entitled to terminate the Agreement in case of unilateral changes to these T&C, which the Client refuses, if agreed in the Agreement.
9.2. The Provider commits to take all steps within his technical possibilities to ensure that the Service is functional, available and fast, if the Client meets basic system requirements for the Services listed in the Product list or on the internet website singlecase.cz. If a non-standard situation related to the functionality of the Service occurs, the Provider shall proceed in particular in accordance with the document Service blackout resolution.
9.3. If the Client detects any problem related to the speed of the Service or its availability, he is obliged to immediately report this incident to the Provider via e-mail firstname.lastname@example.org or by phone through contacts available at singlecase.cz to accelerate the problem solving process. The Client takes into consideration that there may be events beyond control of the Provider, which may influence the functionality or availability of the Service to the User (such as internet connection malfunction on the side of the Client, natural disaster, DOS or DNS attacks on technical equipment of the Provider and others). The Provider does not bear any responsibility for damages that occurs in connection with such events to the Client.
9.4. The Client takes into consideration and agrees that the Provider may for serious reasons temporarily cease to provide the Service, especially in cases described in Service blackout resolution (such as to prevent cybernetic attacks, if necessary, or in case of serious malfunction of the SingleCase, which needs to be resolved by necessary shutdown). Notification informing about interruption of the provision of the Service must be send to the Client immediately. The Provider is obligated to create adequate operational and safety measures to minimize potential malfunctions or limited or full unavailability of the Service.
9.5. The Provider undertakes that he is not entitled to provide the content of user data to any third party. Furthermore, the Provider agrees to that he is not entitled to edit, censor or monitor any user content.
9.6. The Client takes into consideration and agrees to that encrypted Client´s data will be stored in case of provision of the Service through the webpage singlecase.cz on a data storage Amazon Web Services (Amazon S3) operated by the external provider under the conditions stated on internet webpage www.aws.amazon.com. This matter of fact, however, does not affect any commitment of the Provider set in art. 9.5. of these T&C.
9.7. The Parties agreed upon that the Provider does not acquire ownership right to the Client´s data. The Client is solely responsible for the content of data stored in SingleCase.
9.8. The Provider takes into consideration that user data of Clients practicing law contain information protected by the confidentiality obligation of the attorney within the meaning of the section 21 of the Act on Legal Profession. In the case of house search or search of other premises, in which the Provider provides the Service to the Clients, or in which the Clients data are stored, the Provider is obliged to inform the criminal proceedings authorities or any other public authorities, that in the place of the search are information, which are covered by the confidentiality obligation of the attorney, and the Provider is subsequently obliged to inform the Czech Bar Association about the ongoing inspection.
9.9. The Provider hereby undertakes to inform the Client about the fact that the Provider has been contacted by the criminal proceedings authorities, court or other public authorities with request to disclose or hand over the Client´s data, or with intent to execute a search house or search of other premises, in which the Client´s data are stored or administered. This obligation of the Provider ceases to exist in case that by providing of such information to the Client the Provider would violate the obligation imposed by generally binding legislation, court decision or other decision of public authority.
9.10. The Provider shall ensure the security of all data stored in SingleCase to the maximum extent. These data are secured by the very strict technical and contractual arrangements. The Provider shall ensure that within the provision of the Service all safety procedures for data administration and access to the data were always followed, as specified in the Data security system.
9.11. In accordance with the document Data security system the access to Client´s data is allowed to specifically designated employees of the Provider solely in order to identify and correct errors in software equipment for the time necessary only. However, the Provider does not have access to the content of stored documents in any case. The document Data security system clearly states, which metadata are stored in SingleCase, methods of their security and ways of ensuring internal policies dealing with data.
10. Rights and obligations of the Client
10.1. The Client shall use SingleCase for the purpose defined in the Product list only and in ways, which are not in conflict with generally binding legal regulations.
10.2. To gain access to the SingleCase, the Provider may request some identification data and additional information from the Client. The Client shall provide true, accurate and current information.
10.3. Upon request of the Provider, the Client shall provide necessary cooperation while fixing malfunctions or making adjustments of SingleCase.
10.4. The Client shall use the SingleCase through the interface provided or recommended by the Provider only. The Client shall not use or access SingleCase in an automated manner, such as through scripts, bots, web crawlers, etc.
10.5. The Client shall store the access details to SingleCase in secret, the Client is obliged not to tell or enable access to them to any another person, or in any other way enable access to his User Account to any third party. The Client is also obliged to secure his technical equipment in the reasonably required extent in order to minimize the risk of misuse of access details to the User Account.
10.6. Should the Client violate the obligations imposed in this paragraph, the Provider does not bear any liability for damages, that occurs to the Client, and the Client is solely responsible for damages, that occur to the Provider or third parties. Violation of these obligations, furthermore, establishes the right of the Provider to terminate this Agreement. If the Client discovers that there may be access to the Service to third parties due to the leakage of information about access to the Service, the Client shall report this fact to the Provider via e-mail email@example.com
11. User Account
11.1. The Client may have one or more User Accounts. Each User Account can be used by one User only. The Client is not entitled to let the User Account set up for a third party, unless it is determined by the Agreement or by these T&C. The Client is not entitled to share the User Accounts among several Users. However, the Client has the right to transfer the unused User Account to the new User at any time.
11.2. In case of violation of art. 11.1. of these T&C, the Provider is entitled to immediately terminate the Agreement and the Client shall pay unjust enrichment to the Provider within 7 days after receipt of the Provider´s demand for payment.
12. User Account administration
12.1. Each Client may choose one or more User Accounts, which will bear the Administrator rights. When the use of the Services is initiated on the webpage singlecase.cz, the User, whose name and surname is filled in the registration form, becomes the Administrator. The Administrator may perform following operations:
- to add, edit and delete User Accounts and set up access rights to those accounts (such as access to the reports, files establishment etc.),
- to access all Client´s data regardless of the access settings of individual Users,
- to choose a different User Account that becomes the Administrator.
12.2. The Client bears full responsibility for using the Service by the Users, actions performed by these Users, and all data uploaded into the account of the Client. The Client shall ensure that all of his Users follow the provisions of these T&C.
13. Prohibited conduct
13.1. The Client shall not upload, send or otherwise store content in the SingleCase that may contain software virus or other files and programs that may destroy, damage or limit the functionality of the equipment of the Provider or other Clients. Furthermore, the Client is not entitled to upload the content to the SingleCase, whose possession or distribution is illegal, content that illegally interferes with copyright of a third party or is part of a criminal activity, to distribute spam through the Service or to try to get access to the User Account of another Client or servers of the Provider. The violation of these obligations is considered as substantial and establishes the right of the Provider to terminate the Agreement and to require any potential damage from the Client.
14. Termination of the Agreement
14.1. The contractual relationship ends by withdrawal from the Agreement, by expiration of agreed duration of the Agreement, by termination of a legal entity (the Provider or the Client) with liquidation, by termination of the Agreement or by agreement between the Parties.
14.2. If the Agreement is concluded for an indefinite period of time, the Client is entitled to terminated the Agreement without a reason at any time. The notice period is one month and begins on the first day of the calendar month following the delivery of the termination notice to the Provider.
14.3. The Provider is entitled to terminate the Agreement without a reason at any time. The notice period is three months and begins on the first day of the calendar month following the delivery of the termination notice to the Client.
14.4. The Client is entitled to terminate the Agreement in cases specified in art. 9.1. of these T&C.
14.5. Should the Client substantially or repeatedly in the last 6 months violate his obligations resulting from these T&C or from the Agreement and fail to remedy this substantial and repeated violation within 14 days after the delivery date of the notice informing about that fact in the form of registered letter or from the date of sending the e-mail notification to the Client, the Provider is entitled to withdraw from the Agreement. The withdrawal is effective on the day following the receipt of the notice on withdrawal to the Client.
14.6. In case that the Client violates obligations resulting from these T&C or from the Agreement in particularly serious manner, the Provider is entitled to withdraw from and the Agreement and terminate the provision of the Service immediately after finding such a breach.
15. Limitation of the responsibility for the Service
15.1. The Parties agreed to that the total liability of the Provider for any claim made on basis of legal relationship arising from the Agreement and the estimated amount of damages shall not exceed and is limited to the amount equivalent of paid amount for provision of the Service in the previous calendar year. If the maximum damages under the preceding sentence cannot be determined, the maximum damages is limited to the current annual fee for specific Services subscribed.
15.2. The Parties exclude application of section 2952 of the Civil Code. The Provider is not responsible for indirect damages resulting from the provision of Services, such as for lost profits, loss of revenues, loss of data, financial or any indirect, special or consequential damages.
15.3. By concluding the Agreement, the Client takes into consideration that even with the Provider’s best effort, it is possible that a short–term unavailability of the Service may occur, which is caused by circumstances outside of the Provider’s sphere of influence (eg. Internet connection failure etc.). The Client therefore agrees to and undertakes that all of his data stored within the Service will be available to the Client also from another source.
16. The protection of personal data
16.1. The Provider declares that he is registered as an administrator at the Office for Personal Data Protection and treats the personal data of the Clients in accordance with the Act no. 101/2000 Coll., on Personal Data Protection, as amended.
16.2. The Client declares that he is aware of his legal obligations as an administrator of personal data of the Users and clients. Method and processing of personal data of these entities within the SingleCase is determined by the Client. The Provider does not bear any responsibility for proper fulfillment of legal obligations of the Client as a personal data administrator.
16.3. All data are collected by the Provider from the Client for the purpose of providing Service, improving its quality and sending commercial and marketing notifications only. If the Client is a natural person, the following data are collected: name, surname, billing address, e-mail, phone number, information on use of the Service, IP address.
16.4. All communication within the Service is encrypted by SSL protocol. The Client hereby declares that he considers this method of encrypting sufficiently safe.
16.5. The Provider undertakes that he will not provide any information specified by the Client during the registration of his User Account to any third party, unless the Client specifically agrees to it.
16.6. Clients data are stored in electronic systems of the Provider for the duration of the contractual relationship. After its termination the Provider stores data necessary for regulatory compliance only.
17. Consent with processing of personal data of the Client – natural person
17.1. By signing this Agreement, Client agrees to that his personal data, specifically name, surname, billing address, e-mail, phone number, will be processed by the Provider in accordance with the Act no. 101/2000 Coll., on Personal Data Protection, as amended.
17.2. The Client furthermore takes into consideration that he has rights based on provision of section 11 of the Act no. 101/2000 Coll., on Personal Data Protection, as amended, in particular: (i) right to access the personal data, (ii) right to require adjustment of the personal data and (iii) right to revoke the consent to process the personal data at any time and free of charge.
17.3. In accordance with provision of section 21 of the Act no. 101/2000 Coll., on Personal Data Protection, as amended, the Client who finds out or believes that the Provider performs the processing of his personal data contrary to the protection of private and personal life of the Client or in a conflict with the law, in particular if the personal data are inaccurate with respect to their processing, can a) request an explanation from the Provider, b) require, that the Provider remedies the incurred situation, in particular to block, correct, complete or liquidate the personal data.
17.4. Simultaneously, the Client hereby agrees with potential recordings of the phone call of the User by the Provider in case he will be contacted by the phone by the employees of the Provider in accordance with section 86 of the Civil Code.
17.5. The Client hereby grants consent with sending commercial offers of the Provider to the e-mail address of the Client listed as his contact address. The Client is entitled to revoke his consent in writing at any time.
18. Final provisions
18.1. The Parties undertake to maintain confidentiality about any information that they learned during the contractual relationship under the Agreement.
18.2. The rights of the Client arising from the Agreement and these T&C may not be assigned without prior written consent of the Provider.
18.3. For avoidance of any doubt, the Parties explicitly confirm that they are entrepreneurs and that they conclude this Agreement within their business activity, therefore, section 1793 of the Civil Code (disproportionate shortening) or section 1796 of the Civil Code (usury), do not apply to this Agreement.
18.4. If any provision of this Agreement or these T&C is or becomes invalid, ineffective or unenforceable, such fact shall not affect the validity, enforceability or effectiveness of remaining provisions of the Agreement or these T&C. In such case the Parties are obliged to make every effort to conclude an amendment to the Agreement, by which the invalid, unenforceable or ineffective provision will be replaced by new provision corresponding to the purpose originally intended.
18.5. These T&C are governed by the Czech law. All disputes arising between the Provider and the Client, which cannot be resolved amicably, will be settled by competent and locally relevant Czech court.
18.6. These T&C come into effect on 1 January 2017.