Ad Contractual Terms and Conditions
This portal is operated by Trh Nápadů s.r.o., Company ID: 28254431, File number: C 135622 registered with the Municipal Court in Prague, Date of registration: 26 February 2008, Registered office: Šmeralova 170/31, Bubeneč, 170 00 Prague 7.
Contractual Terms and Conditions of Advertising Service
1. Introductory Provisions
- These Contractual Terms and Conditions of Advertising (hereinafter the "Terms and Conditions of Advertising") regulate, in compliance with the provisions of Section 1751 subs. 1 of Act No. 89/2012 Sb., the Civil Code (hereinafter the "Civil Code") mutual rights and obligations created upon the Advertising Contract made between Trh Nápadů s.r.o., Company ID: 28254431, File number: C 135622 registered with the Municipal Court in Prague, Date of registration: 26 February 2008, Registered office: Šmeralova 170/31, Bubeneč, 170 00 Prague 7 (hereinafter the "Trhnapadu.cz"), and the Client.
- Trhnapadu.cz is an authorized operator and administrator of the internet server trhnapadu.cz, available at the internet address https://www.trhnapadu.cz (hereinafter the "Server").
- For the purposes of these Terms and Conditions of Advertising, the concepts mentioned below with a capital initial letter have the following meaning:
- Advertising Package has the meaning specified under Subsection 2.2.
- Trhnapadu.cz has the meaning specified under Subsection 1.1.
- Price of Advertising - price of the Advertising Package stated in the pricelist on the Server
- Advertisement has the meaning specified under Subsection 2.3.
- Super Advertisement has the meaning specified under 2.5.
- Topping has the meaning specified under 2.6.
- License has the meaning specified under Subsection 5.2.
- Personal Profile has the meaning specified under 10.1.
- Competition has the meaning specified under 11.1.
- General Terms and Conditions - general terms and conditions of Trhnapadu.cz, which regulate mutual rights and obligations between Trhnapadu.cz and the User, related in particular to the creating, operating and using the User Account.
- Client - User who performs the Advertising Order or has made an Advertising Contract.
- Advertising Order has the meaning specified under Subsection 3.2.
- Content has the meaning specified under Subsection 5.1.
- Personal data - first name and surname, electronic mail address, telephone number (for more detail please see the General Terms and Conditions)
- Registration - process aimed at opening a User Account (for more detail please see the General Terms and Conditions)
- Server - internet server Trhnapadu.cz available at https://www.trhnapadu.cz
- Advertising Contract has the meaning specified under Subsection 2.1.
- Consumer - each person who outside the scope of their business activities or outside the scope of their independent performance of profession makes a contract with Trhnapadu.cz
- User - person who has his/her User Account registered
- User Account - part of the Server titled "My Account", which is solely accessible to one User and is established upon Registration and made accessible after entering the user name and the password
- Free Registration – enables entering an idea free of charge
- TOP Investor Service – preparing and sending of individualized offers, according to the Investor's interest
2. Subject-matter of the Advertising Contract
- By signing the Advertising Contract, Trhnapadu.cz agrees to provide the Client with an Advertising Package according to the Client's choice and the Client agrees to pay the Price of Advertising to Trhnapadu.cz.
- The Advertising Package means a set of services consisting in the publication of the Client's Advertisement on the Server and provisioning of any related services. The content of the individual Advertising Packages and their prices are stated on the Server.
- An Advertisement means a Client's offer or demand that is part of the Order and that is to be published on the Server.
- An Extended assignment of an advertisement means a Client's offer or demand that enables a better quality of filling-in and a larger extent of the advertisement.
- A Super Advertisement means a Client's offer or demand that is part of the order and that is to be published on the Server, in particular on the main page of TrhNapadu.cz.
- Topping of an Advertisement means renewing a Client's offer or demand to a front position among advertisements on TrhNapadu.cz.
3. Making an Advertising Contract and Advertisement Activation
- In order to place an advertisement, the Client has a Verified Registration through the Client's mobile phone number that they use to register on TrhNapadu.cz.
- Step 1. Placing an advertisement: The Client clicks on the "Place an Advertisement" button, fills in the data related to their Advertisement and performs the Registration or logs in their User Account. This step is completed by clicking on the "Continue to Activation" button.
- Step 2. Payment for the advertisement: The Client fills in the order form, which includes the following: - data on the ordered Advertisement Package, - data on the selected method of payment of the Price of Advertising (hereinafter the "Advertising Order"). This step is completed by clicking on the "Complete" button.
- The order sent by clicking on the "Complete" button is a proposal to conclude a contract.
- Prior to sending the Advertising Order, the Client may check and edit the data that they have entered in the Advertising Order, including the option for the Client to detect and correct mistakes that occur when entering the data in the Advertising Order.
- Trhnapadu.cz immediately after receiving the Advertising Order confirms the receipt thereof via electronic mail to the Client's e-mail address stated in the User Account. The confirmation of the Advertising Order hereunder is not considered acceptance of offer pursuant to the Civil Code and the Advertising Contract is not created at this moment.
- After completion of the Advertising Order, the Client is re-directed to the page providing information needed for the payment of the Price of Advertising.
- Upon payment of the Price of Advertising, the Advertising Contract is concluded and the Advertisement is activated.
- The Advertising Contract may only be concluded in Czech.
- The Advertising Contract and all parts thereof will be saved in an electronic archive of Trhnapadu.cz, and the Consumer may access the data upon their written request.
- The Client expressly agrees with the performance of the Advertising Contract prior to the lapse of the time limit for withdrawing from the contract pursuant to Section 1829 of the Civil Code.
4. Fundamental Rights and Obligations of the Parties
- Any and all data are entered into the Server by the Client at his own costs and in accordance with the instructions of Trhnapadu.cz stated on the Server.
- As part of the options provided by the Server, the Client may edit their Advertisement through their User Account.
- The Client undertakes to publish correct data only on the Server. Furthermore, he/she agrees to bring their Advertisements up to date if their state or data included therein change.
- The Client acknowledges that the data on his Advertisements published on the Server are accessible to the Internet users through the Server. The Client agrees that the data on his Advertisements entered may also be published in promotional materials and other advertising communications of Trhnapadu.cz.
- The Client may not in any way attempt an unauthorized access and manipulation of data on the Server. Redirecting is not permitted - the Client's URL address in the Advertisement may in particular not direct to any servers presenting a content that is contrary to the body of laws of the Czech Republic, to good morals, or that endangers public order, or to servers whose content is inconsistent with justified interests of Trhnapadu.cz.
- The data stated by the Client in the Advertising Order are deemed to be truthful and correct. The Client is solely liable for any damage incurred as a result of incorrect or untruthful statement of any data.
- The Client may at any time delete or de-activate their Advertisement through the User Account, or request cancellation of their Advertisement in writing at the e-mail address email@example.com.
5. Licence and Related Provisions
- The Client declares that if he/she publishes photographs, images or other content on the Server (hereinafter the "Content"), which is subject to intellectual property rights, he/she is the owner of the rights or he/she is the executor of the related property rights or he/she is entitled to the execution of the intellectual property rights and to the use of the subject of the intellectual property rights in the extent necessary to conclude and to perform the Advertising Contract.
- If the Content that he/she publishes on the Server is subject to intellectual property rights, the Client authorizes Trhnapadu.cz to perform the intellectual property rights in the extent necessary to perform the Advertising Contract and in the extent for the promotional purposes of Trhnapadu.cz (hereinafter the "Licence"). The Licence is provided free of charge.
- If Trhnapadu.cz is to provide any payment to a third person on the grounds of any infringement of the third person's intellectual property rights concerning the Content, or if any other property damage is suffered by Trhnapadu as a result of any infringement of third person's rights to the Content, the Client agrees to pay any and all payments and costs spent by Trhnapadu.cz on the grounds stated in this subsection.
6. Payment Terms
- The Server includes information on the Advertising Packages, listing the respective prices. The prices are stated inclusive of value added tax and all related fees. The prices remain valid for the entire period for which they are displayed on the Server. This provision does not in any way restrict the authority of Trhnapadu.cz to conclude an Advertising Contract under individually agreed terms and conditions.
- If the Client receives a variable symbol and a specific symbol of the payment, he is to enter both the symbols when paying the Price of Advertising.
- The Client's obligation to pay the Price of Advertising is fulfilled upon confirmation of payment issued by the electronic payment provider.
- Any contingent discounts of the Price of Advertising provided by Trhnapadu.cz to the Client may not be combined mutually.
- If it is a common practice in the trade, or if required by generally binding legal regulations, Trhnapadu.cz issues a tax document regarding the payments performed upon the Advertising Contract to the Client.
7. Defective Performance of Advertising Package Services
- The rights and obligations of the Parties related to the rights resulting from defective performance are governed by the applicable generally binding legislation (including, but not limited to, Sections 1914 to 1925 of the Civil Code).
- Trhnapadu.cz is to perform the services without any defects with the stipulated or common qualities, so that the services included in the ordered Advertising Package under the Advertising Contract and its purpose might be accepted.
8. Withdrawal from the Advertising Contract
- If the withdrawal from the Advertising Contract is conditional upon the obligation to return any money to the Client, Trhnapadu.cz is to return the money in the same way in which it was received.
- The Client may withdraw from the Advertising Contract within fourteen days. The time limit stated in the first sentence starts running on the day of making the Advertising Contract, and where a purchase agreement is concerned, on the day of takeover of the goods.
- The Consumer acknowledges that pursuant to Section 1837 of the Civil Code he/she may not withdraw from the contract if the same has been performed with his/her prior express consent prior to lapse of the time limit for withdrawal. The Client in accordance with subsection 3 agrees that the performance under the Advertising Contract will start immediately after making the Advertising Contract, or on the nearest possible date.
- If the Client withdraws from the Advertising Contract the subject-matter of which is provisioning of services and the performance of which has started, he/she is to pay the proportionate part of the Advertising Price to Trhnapadu.cz.
9. Personal Profile, Additional Services
- The User's personal profile is a space reserved for the Client, where he/she can present his personality, his ideas, projects and investments.
- Mail alias is used for opening a Client's personal e-mail account on TrhNapadu.cz, which he/she uses for his/her own purposes.
- The data space serves the Client's personal use.
- The survey is designed for public assessment of the Client's project by visitors of TrhNapadu.cz.
- The paid statistics registers and backs up the web traffic to the Client's Advertisements on TrhNapadu.cz.
- Promotion of the project for the Client is a paid service, which enables the use of advertising on TrhNapadu.cz.
- Credit enables the Client to use paid services of Advertising and paid consultation on TrhNapadu.cz.
- The Operator provides telephone consultations, which are paid by the Client's Credit.
- The Intelligent Idea Guide enables a better quality entering of the Client's ideas on TrhNapadu.cz
- The Competition is always announced on TrhNapadu.cz under the terms determined separately for each competition.
11. Further and Final Provisions
- Trhnapadu.cz undertakes not to provide without the Client's approval the Client's Personal Data to any third parties, with the exception of persons providing transport and payments.
- These Terms and Conditions of Advertising and the General Terms and Conditions constitute an inseparable part of the Advertising Contract.
- The Advertising Contract may only be amended by written amendments hereto numbered in the ascending order and signed by both Parties.
- If any dispute occurs between the Parties to the Advertising Contract, the Consumer has a right to out-of-court settlement of the same. The Consumer may file a motion for an out-of-court settlement of the dispute under Act No. 634/1992 Sb., the Consumer Protection Act, with the Czech Trade Inspection. All details concerning the out-of-court settlement are available at the website www.coi.cz.
- These Terms and Conditions become effective on 1 September 2016.