GENERAL TERMS AND CONDITIONS

I. Introductory Provisions

These General Terms and Conditions (hereinafter “GTC”) regulate the mutual rights and obligations between:

• Provider: Alexej Litvinec, ID No.: 08487090, with registered office at Modenská 697/4, 109 00 Prague 10 (hereinafter “Provider”) and
• Client: A natural or legal person inquiring about or using the Provider's services (hereinafter “Client”).

These GTC are an integral part of every work contract or service agreement (hereinafter “Contract”) concluded between the Provider and the Client, even if the Contract was formed implicitly (e.g. by email confirmation of an offer). Deviating arrangements in a specific written Contract take precedence over these GTC.

II. Subject of Performance and Conclusion of Contract

The subject of performance is the activity of the Provider consisting mainly of website creation, web design, online marketing campaign management, consultations, and related services (hereinafter “Work” or “Services”).

The Contract is concluded at the moment the Client confirms the Provider's price offer in writing (incl. email), or pays the advance invoice, whichever occurs first.

The Provider is not bound by a rough price estimate if a detailed analysis of the assignment has not been performed. The final price is governed by the approved calculation.

III. Price and Payment Terms

The price for Services is determined by agreement based on the price offer. Unless agreed otherwise, the Provider is entitled to demand an advance of 50% of the total price of the Work before commencing work. Work will begin only after the advance is credited.

Invoices are due within 14 days. In case of delay in payment, the Provider is entitled to a contractual penalty of 0.1% of the outstanding amount for each day of delay. Furthermore, the Provider has the right to suspend further work or suspend the operation of already launched Services (e.g. turning off web hosting, pausing campaigns) until the debt is fully paid, without the Client being entitled to damages.

The price does not include third-party fees (domain, hosting, credit for PPC systems Google/Meta, paid templates/fonts). These costs are paid by the Client directly or are re-invoiced.

IV. Execution of Work, Deadlines and Additional Work

The delivery deadline is automatically extended by the time the Client was in delay with delivering materials or cooperation.

Project Reactivation: If the Client's delay in providing cooperation lasts longer than 30 days, the Provider is entitled to invoice for work already performed (so-called work in progress) and temporarily mothball the project. Resuming work on the project after such a pause is subject to an administrative fee of 2,000 CZK (costs for re-studying the context).

If the Client's delay lasts longer than 90 days, the Provider has the right to withdraw from the Contract, which does not extinguish the claim for payment of work already performed.

Any requests beyond the originally approved assignment are considered additional work. Additional work is charged at a rate of 1,500 CZK / hour, unless agreed otherwise.

V. Cooperation and Legal Liability

The Client is obliged to deliver materials in the agreed format and quality and provide feedback without undue delay.

Liability for Content: The Client is fully responsible for the legal harmlessness of materials (texts, photos, graphics) handed over to the Provider. The Client declares that they are the rightful holder of rights to these materials. In the event that a third-party claim (e.g., photobanks) is asserted against the Provider for rights violation, the Client undertakes to settle this claim in full and indemnify the Provider for all incurred costs.

VI. Handover and Acceptance of Work

The Work is considered duly handed over at the moment of its making available to the Client (e.g., uploading to a test domain, sending files).

Fiction of Acceptance: The Client is obliged to inspect the Work and point out any defects in writing within 5 working days of handover. Upon the futile expiration of this period, the Work is considered unconditionally accepted and the Provider is entitled to the payment of the remaining price.

Minor defects and unfinished parts that do not prevent the use of the Work are not a reason for refusing acceptance.

Ban on Subjective Complaints: By approving the graphic design, it becomes binding. Later complaints about the visual side of the Work after its technical implementation (coding) that are contrary to the approved graphics are not a reason for non-acceptance and their modification is charged as additional work.

VII. Copyright and License

The Work is a copyrighted work within the meaning of the Copyright Act.

Reservation of Proprietary Rights: Ownership rights to the Work and the license to use it pass to the Client only upon full payment of the entire price. Until then, the Work remains the property of the Provider and the Client may not use it.

The Provider grants the Client a non-exclusive license to use the Work, unlimited in time and territory. For open-source systems (e.g. WordPress), the license is governed by the conditions of the given system (GPL).

VIII. Liability for Defects and Damages

The Provider is responsible for the Work being performed with professional care. The warranty period for technical functionality is 6 months. The warranty does not cover defects caused by the intervention of the Client, a third party, or third-party updates (browsers, WordPress core, social network APIs) after handover.

Specifics for Marketing: The Provider is not responsible for the Client's business results (number of orders, profit), which are influenced by the market, product quality, and competition. The Provider does not guarantee against the blocking of advertising accounts by platforms (Google, Meta).

Limitation of Damages: In business relationships (B2B), the Provider is liable for damage only up to the amount of the price paid by the Client for the given Service. The Provider is not liable for lost profit or other indirect damages. This limitation does not apply to damages caused intentionally or by gross negligence.

IX. Consumer Provisions (B2C)

If the Client is a consumer, relationships are governed by the Consumer Protection Act.

The consumer acknowledges that under § 1837 (d) of the Civil Code, they do not have the right to withdraw from the contract within 14 days without giving a reason in the case of delivery of Work modified according to the consumer's wishes (custom website).

The entity for out-of-court settlement of disputes is the Czech Trade Inspection Authority (www.coi.cz).

X. Final Provisions

Legal relations are governed by the legal order of the Czech Republic. The court with local jurisdiction for disputes with entrepreneurs is the general court of the Provider.

Portfolio: The Provider is entitled to list the Client and the created Work in their portfolio for reference purposes, unless the Client reserves otherwise in writing.

Personal data protection is governed by the document "Privacy Policy", which is available on the Provider's website.