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Activity - means any User’s activity in relation to Advertisement, in particular Click or any subsequent activity at Destination, e.g. browsing, making purchases or other transactions, as defined by Provider in the specification of each individual Subscription;
Application - means Provider’s web-based application which is used for tracking Activities and providing Customer with further functions within Service; Application contains a guide (manual) for its correct use;
Advertisement - means any Customer’s advertisement presented on the Internet by any Affiliate and included into Service;
Affiliate - means any third party or parties different to Customer or Provider who provides Advertisement to Customer;
Agreement - means the agreement entered into by Customer and Provider the subject-matter of which is Service determined especially by Subscription and Term, and the integral part of which are these General Terms of Service;
Click - means an act of selecting Advertisement on an electronic interface by pressing a button or touching a screen; Click is one of Activities;
Cookies - means data saved in Customer’s terminal device;
Customer - means a legal entity or a natural person who entered into Agreement with Provider;
Destination - means a website or any similar virtual space on the Internet to which Advertisement leads;
Free Trial - means a period of 14 (fourteen) days for which Customer is allowed to use Service without any financial obligation towards Provider;
Plural - is also used instead of “he/she/it“ or “his/her/its”, respectively;
Price - means a price for Activities which exceed Subscription; Price is published on Provider’s website at https://trackdesk.com/pricing;
Provider - means the company Trackdesk s.r.o., registered in the commercial register administered by the Municipal Court in Prague under ref. no. C 364270, ID: 14349043, seat: Slezská 844/96, Vinohrady, 130 00 Praha 3, or any legal successor or successors thereof;
Service - means Provider’s service which enables Customer to use Application in order to have Activities tracked; Service is further specified in Art. 5 of these General Terms of Service and determined by Subscription;
Subscription - means a particular determination of Service which includes the scope of tracked Activities and a lump sum which Customer pays to Provider in advance for entire Term;
Term - means a definite period of time for which Service is provided; Term commences as of the lapse of Free Trial unless Customer terminates Agreement beforehand;
User - means any person different to Affiliate, Customer or Provider.
Execution of Agreement
Agreement is executed by Customer’s registration onto Provider’s website; the registration requires Customer to choose Subscription and to confirm that Customer adheres to these General Terms of Service.
Agreement is effective as soon as the fee for Subscription is fully paid.
Customer hereby declares that
a) they furnished true and accurate personal or company data to Provider as well as true and accurate information about their payment card or similar payment method, and that they will update those data or information without undue delay following their change;
b) they are adult and that their legal capacity is nowise limited;
c) they are familiar with and understand these General Terms of Service before entering into Agreement;
d) they are fully responsible for the content of Advertisement and its compliance with the laws in all jurisdictions where Advertisement will be displayed;
e) they are fully responsible for the satisfaction of obligations and the assertion of rights towards all Affiliates and Users.
The fee for Subscription is due before Term commences.
If Subscription is exceeded during Term Provider will have a right to Price.
Customer will enable Provider to charge the entire fee for Subscription and/or Price from Customer’s account either by the means of Customer’s payment card or similar payment method.
By registration pursuant to Art. 2 par. 1, Agreement is executed and Customer’s profile will be created onto Application and access information to Application that includes password will be sent to Customer. Customer will be liable for keeping the access information confidential.
Following the execution of Agreement, Free Trial will commence.
Customer is liable for the correct use of Application and for the registration of Affiliates into Application; Customer acknowledges that failure to do so will make Service impossible or insufficient.
Customer will have an unlimited access to Customer’s profile for entire duration of Agreement unless stated otherwise by these General Terms of Service.
If Provider provides Customer with its documentation, which may be used in relations between the Customer and third parties (e.g. Affiliate Partners), such documentation shall be considered as recommended for revision, as the Provider does not provide any legal or similar services to the Customer. It is Customer’s sole responsibility to ensure that such documentation suits its legal and business needs.
Application is provided “AS-IS”. Provider undertakes to exert reasonable effort to ensure the accessibility and functionality of Application and Customer’s profile. If Application or Customer’s profile is not accessible Customer shall notify Provider; upon such notification, Provider will check the defects asserted by Customer and notify Customer about the result. If either Application or Customer’s profile shows to have defects Provider will correct (repair) those defects free of charge without undue delay following Customer’s notification. Customer acknowledges that the time necessary for the defects to be repaired depends on the technical nature thereof. Customer and Provider agree that repair is the sole performance to be furnished by Provider in case of defects; for the avoidance of doubt, a right to a discount of Subscription or Price as well as a right to terminate Agreement are explicitly excluded.
Provider does not enable transmission of Advertisement or any other information beyond Activities. Provider is nowise liable for either the content and form of Advertisement or Customer’s relation to any Affiliate.
If Provider is addressed by
a) any person, entity or authority, regardless of jurisdiction, with an assertion that any Advertisement or any content of Destination is contrary to the law, or
b) any Affiliate with an assertion of any right towards Customer or Provider,
Customer undertakes to shield Provider and hold them harmless solely at Customer’s expense, without prejudice to Provider’s rights pursuant to Art.7. In such cases, Provider is also entitled to suspend provision of Service to Customer until the situation is corrected or explained to Provider’s satisfaction. For the avoidance of doubts, Customer has no right for any reimbursement or discount for the period of Service suspension in compliance with this provision. Provider undertakes to inform Customer about such suspension and its reasons without undue delay.
Termination of Agreement
Provider has a right to terminate Agreement immediately by closing Customer’s profile in case:
a) Customer’s declaration pursuant to Art. 3 let. a) or b) shows to be untrue and Customer does not provide remedy within 14 (fourteen) days following Provider’s request, or
b) of a situation described in Art. 6 par. 3, or
c) Provider is not able, for any reason, to charge Subscription or Price from Customer’s account, or
d) repeated breach of any Customer’s obligation, or
e) breach of any other Customer’s obligation which Customer does not rectify within 5 (five) days following Provider’s notice.
Customer has a right to terminate Agreement immediately even without stating a reason by
a) closing their profile, or
b) delivering a termination notice to Provider in writing upon which Provider will close Customer’s profile without further.
Customer has a right to terminate Agreement in accordance with Art. 10 par. 3.
Upon termination of Agreement, all information available at Customer’s profile will be deleted by Provider without having to make copies thereof for Customer.
Customer acknowledges that the provision of Service is associated with certain initial costs notwithstanding the term for which Service is provided. Therefore, Customer agrees that Provider will not refund Price or any of its part if Agreement terminates before the lapse of Term.
Customer and Provider agreed that they will communicate as follows:
a) by an electronic mail, whereas each party has a right to request the other party to confirm a receipt of a message by a reply; a mere confirmation of a receipt of a message will not be considered a consent of an addressee with the content of such message nor will it be considered a confirmation that the addressee immediately acknowledged the content of such message;
b) by a telephone, whereas each party has a right to request the other party to briefly confirm the content of the phone call by the means pursuant to let. a);
c) personally, whereas the parties will confirm the content of the meeting on the spot or subsequently by the means pursuant to let. a).
Customer and Provider undertake to inform each other without undue delay about a change of an address or an electronic contact detail; if a delivery of a consignment or a message is not successful as a result of a breach of said obligation the sending party will have a right to consider it an intentional thwart of delivery.
Agreement is governed by the Czech law excluding its Conflict of Laws provisions.
Agreement can be terminated only by the means and for the reasons stated herein; the parties hereby exclude an application of all non-mandatory provisions of the law enabling a termination of an agreement or an obligation by a unilateral expression of will.
Provider may unilaterally amend these General Terms of Service, provided that they notified Customer about the amendment. Customer may refuse any amendment these General Terms of Service by terminating Agreement with a termination period of 30 days. Customer confirms that the termination period pursuant to the preceding sentence is sufficient in order for them to procure a service similar to Service from another supplier.
Customer and Provider agreed that any dispute arising from Agreement or in relation thereto will be decided by the District Court for Prague 1 in case county courts are competent in the first instance, or by the Municipal Court in Prague in case regional courts are competent in the first instance.
Date of execution of these General Terms of Service: August 30, 2022