General Terms and Conditions

Part 1

Introductory provisions and definitions

Article 1 – Introductory provisions

These Terms and Conditions set out in detail the framework of the legal relationship between the provider and the user established by the agreement under point 10.1 of these Terms and Conditions.

Article 2 – Definitions

2.1

The provider is the company HOUR, spol. s r.o., with its registered office at M. R. Štefánika 836/33, 010 01 Žilina, Company ID (IČO): 31586163, VAT ID: SK2020448969, registered in the Commercial Register of the District Court Žilina, Section: Sro, Insert No.: 1182/L, account number, primarily: Fio banka, SK39 8330 0000 0023 0161 2384, and secondarily SLSP, SK82 0900 0000 0000 7656 7126, email: info@humanet.sk, portal: www.humanet.sk. The provider is authorized to provide users with access to a selected service of the Humanet system via the internet.

2.2

The user is any natural or legal person with whom the provider has concluded an agreement under point 2.16 of these Terms and Conditions, or to whom the provider issues an invoice for services provided under Article 5 of these Terms and Conditions, and who is not a third party. The use of services by a third party and any conduct of a third party is deemed to be use of the services by the user and conduct of the user, as if the user itself were using the services or engaging in such conduct.

2.3

A third party is any person who, on the basis of an employment relationship or other similar relationship with the user, is authorized to use the Humanet system services on the user’s behalf, or who has access to the Humanet system services through the user, or to whom the user has, in any way, enabled the use of the Humanet system services (e.g. an employee, a statutory body, a third party ensuring the use of Humanet system services for the user, etc.).

2.4

A controller within the meaning of Art. 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter “GDPR”) is any person who, alone or jointly with others, determines the purposes and means of the processing of personal data. For the purposes of these Terms and Conditions, the controller is the user.

2.5

A processor within the meaning of Art. 4(8) GDPR is any person who processes personal data on behalf of the controller. For the purposes of these Terms and Conditions, the processor is the provider.

2.6

Personal data within the meaning of Art. 4(1) GDPR is any information relating to an identified or identifiable natural person. For the purposes of these Terms and Conditions, personal data means personal data meeting the criteria set out in the preceding sentence, which the user or a third party provided to the provider before or after the conclusion of the agreement under point 2.16 of these Terms and Conditions.

2.7

Data is any data, including personal data, provided to the provider by the user or a third party when using a Humanet system service within the Humanet system.

2.8

Data processing agreement is an agreement under Art. 28(3) GDPR, which, in connection with the processing of personal data by the provider (processor) on behalf of the user (controller), binds the provider towards the user and sets out the subject matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects, and the obligations and rights of the controller, as well as other particulars under Art. 28(3)(a) to (h) GDPR; a data processing agreement also includes an agreement concluded under Art. 28(4) GDPR, which is concluded in cases where the user is in the legal position of a processor processing personal data on behalf of another controller (e.g. an external provider of payroll or accounting services for an employer, with whom it has concluded the relevant service agreement) and the provider is in the legal position of a further processor, who carries out part of the user’s original processing operations in its place and thereby acquires the position of a further processor; for the sake of clarity, in the text of these Terms and Conditions, a data processing agreement will be distinguished between a data processing agreement under Art. 28(3) GDPR and a data processing agreement under Art. 28(4) GDPR.

2.9

Business partner is any person authorized to sell Humanet system services to the user under a cooperation agreement concluded with the provider for the sale of Humanet system services. The list of business partners is publicly available on the portal www.humanet.sk in the Business Partners section.

2.10

Humanet, or the Humanet system, or the Humanet agenda, or the Humanet portal, provides in particular functionalities enabling double-entry bookkeeping and functionalities for payroll processing, personnel management, and attendance; the functionalities are accessible via the internet.

2.11

Services are the specific Humanet system services used by the user or a third party, from among the services specified on the Humanet portal.

2.12

Price list is a document published on www.humanet.sk/cennik, the content of which, including the relevant terms stated there, also applies to these Terms and Conditions.

2.13

Fee is the price paid by the user to the provider for the services used, based on the agreement and in accordance with the Price list.

2.14

Personal data protection the processing and protection of personal data entered into the Humanet system by the user or a third party is set out in the relevant data processing agreement.

2.15

Termination of use of the service is, in addition to the cases envisaged by these Terms and Conditions, also the passage of more than 18 months since the last login of the user or a third party to the user’s agenda.

2.16

Agreement a bilateral legal act of the provider and the user concluded under point 10.1 of these Terms and Conditions.

2.17

Contracting parties jointly, the provider and the user, or, where applicable, the user’s representative or a third party under point 2.3 of these Terms and Conditions.

Part 2

Subject matter of the agreement, procedure and conditions for the provision of services, fee

Article 3 – Subject matter of the agreement

3.1

The subject matter of the agreement is the provider’s obligation to provide the user, via the internet and to the extent of the services selected by the user, which are precisely stated and specified on the Humanet portal, with services for the use of the Humanet system, and the user’s obligation to pay the provider the relevant fee for the services.

Article 4 – Procedure and conditions for the provision of the service and the fee

4.1

The user is required to register on the Humanet portal and, upon registration, to provide complete and correct registration data required for registration. The user is responsible for the completeness and correctness of the registration data provided by the user or a third party. If, based on the data provided by the user or a third party, the provider is unable to verify the completeness and correctness of the user’s registration data, it is entitled to temporarily block the user’s use of the services until such verification takes place. If the completeness or correctness of the user’s registration data is not successfully verified within 6 months of the date of the user’s registration, the provider is entitled to cancel the user’s profile, including any agendas created by the user, even if those agendas are also made accessible to other users. The day of cancellation of the user’s profile, including agendas created by the user, under the preceding sentence, is considered to be the day of termination of the agreement under point 11.1.5 of these Terms and Conditions. If the provider subsequently discovers that the user’s registration data is incorrect or incomplete, it is entitled to correct such data and to inform the user by e-mail, at the address under which the user is registered on the Humanet portal. Until the changed data is authorized by the user, the user is blocked and cannot use the services. If the provider is unable to correct the user’s registration data, it has the right to unilaterally terminate the agreement in accordance with point 11.3 of these Terms and Conditions, with a notice period of 24 hours.

Article 5 – Fee

5.1

The user pays the fee for the use of the services on the basis of an invoice sent to it by the provider electronically under point 5.2 of these Terms and Conditions. If payment is not made by the user within the due date, the provider reserves the right to block the user’s access to the use of the service. The provider may also block access to agendas created by the user, even if those agendas are made accessible to other users. The provider may also exercise the right to block access under the preceding sentence against those users whose profile lists the same organization identification number (IČO) or the same e-mail address for sending electronic invoices as the user who has an overdue payment obligation. For unblocking access, the provider is entitled to charge an activation fee under the currently valid Price list of the provider under point 2.12 of these Terms and Conditions. This does not affect the provider’s right to unilaterally terminate the agreement in accordance with point 11.3 of these Terms and Conditions.

5.2

The user hereby, within the meaning of Act No. 222/2004 Z.z. on Value Added Tax, as amended, grants the provider consent to issue invoices for services provided in electronic form in PDF format (hereinafter the “electronic invoice”). Under Act No. 222/2004 Z.z. on Value Added Tax, an electronic invoice is deemed to be a tax document. The provider undertakes to deliver the electronic invoice to the user by e-mail, to the e-mail address of the user stated in the user’s profile for sending electronic invoices. The user is required to promptly inform the provider of any changes that could affect the delivery of electronic invoices under these Terms and Conditions, in particular a change of e-mail address, and to promptly update such changes in its profile on the Humanet portal. The provider is not liable for damages arising from a data leak caused by a fault in the communication channel when delivering the electronic invoice via the internet. The provider is not liable for damages arising from the user’s insufficient internet connection, faults arising in the communication channel to the user, or any other inability of the user to establish the relevant connection or access to the internet.

5.3

The provider always issues an invoice as of the last day of the month in which the services were used by the user. If the fee for the use of services within the relevant calendar month on the invoice does not reach at least the value of €10 including VAT, the provider may issue the invoice in the following calendar month, or in the month in which the aggregate value of fees for the relevant calendar months exceeds at least the value of €10.00 including VAT. At the end of the calendar year, the provider will issue an invoice even if the total amount to be invoiced is less than €10.00 including VAT. In the event of termination of the agreement, the provider will issue an invoice as of the last day of the provision of the relevant service.

5.4

The provider will grant the user a discount of €10.00 including VAT when setting up the first agenda for actual data processing on the Humanet portal.

5.5

The use of services begins on the day the user selects the relevant service via the Humanet portal.

5.6

The fee does not include the cost of the user’s internet connection, which the user is required to arrange at its own expense.

Part 3

Rights and obligations of the user and the provider

Article 6 – Rights and obligations of the user

6.1

The user is entitled to use the services to the extent stated on the Humanet portal and after fulfilling the conditions set out in Article 4 of these Terms and Conditions.

6.2

The user is required to:

6.2.1 

use the services to the extent agreed under the agreement, in accordance with generally binding legal regulations, these Terms and Conditions, and the instructions and conditions set out in the operating manuals; the user is responsible for the accuracy of the data entered by it into the Humanet system;

6.2.2

from the effective date of the agreement, provide the provider with all necessary cooperation, as required by the provider, under point 6.5 of these Terms and Conditions;

6.2.3

notify the provider in writing of any change in the data provided to the provider upon conclusion of the agreement, in particular to notify a change of residence (registered office), business name, billing address, and persons authorized to act on behalf of the user, including making the change on the Humanet portal, no later than five days from the date the change occurred;

6.2.4

pay the provider all of its financial obligations (e.g. the fee) arising from the agreement properly and on time, in the agreed amount and in accordance with these Terms and Conditions; the user’s obligation to pay a financial obligation is fulfilled on the day the relevant agreed amount of the obligation is credited to the provider’s account;

6.2.5

take all necessary measures to ensure that the use/misuse of the service by third parties or other persons is not enabled in any way (e.g. measures against the leakage of the user’s access passwords for using the services, etc.).

6.3

The user is fully liable for the conduct of a third party, as if such conduct were carried out by the user itself.

6.4

The user is not entitled to interfere with the Humanet system in any way other than through the functions contained therein, and is not entitled to change or modify the system. This point does not in any way extend the user’s entitlements as defined in these Terms and Conditions.

6.5

The user is required, for the duration of the agreement, to provide the provider with the cooperation necessary for the performance of the agreement and the proper fulfillment of the provider’s obligations. The absence or lack of cooperation by the user excludes the provider’s liability for delay and for any damages incurred.

6.6

The provider is entitled to invite the user to register in the ServiceDesk system, and will send the user the registration number needed for registration, together with instructions for the system. The user is required to register in the ServiceDesk system and to communicate with the provider exclusively through this system or by telephone at the numbers published on the Humanet portal. E-mails sent  to mzdy@humanet.sk and uctovnictvo@humanet.sk will be automatically redirected to the ServiceDesk system. If the user does not register in the ServiceDesk system, the provider is not required to handle a request from the user sent by e-mail.

6.7

The user acknowledges that the services are not intended for the processing of data which, by its nature, falls under specific legal regulation (e.g. is subject to a statutory duty of confidentiality, is protected as banking secrecy, tax secrecy, classified information, etc.) and that it provides such data at its own risk and responsibility; the provider bears no liability for the user’s data.

6.8

The user represents that it is authorized to handle the data, that it has all the consents necessary to handle the data to the extent and in the form required by applicable legislation, and that the processing of the data does not endanger or infringe the rights or legitimate interests of the user or the rights or legitimate interests of third parties. The user further represents that the registration data entered by it is true, correct, and complete, and that the user’s registration and the conclusion of the agreement were carried out by the user or by a person authorized to act on behalf of the user. The representations under this paragraph of the Terms and Conditions are deemed to be repeated each time the services are used.

6.9

If any representation of the user under these Terms and Conditions proves to be, or becomes, untrue, and any claims by third parties are asserted against the provider, or sanctions are imposed by public authorities in this connection, the user undertakes to fully indemnify the provider. The indemnification obligation under the preceding sentence relates in particular, but not exclusively, to any costs incurred by the provider as a result of, or in connection with, the assertion of such claims or the imposition of such sanctions. The provision of any untrue representation by the user also gives rise to the provider’s right to withdraw from the agreement under point 11.1 of these Terms and Conditions.

Article 7 – Rights and obligations of the provider

7.1

The provider provides the services with professional care. The provider is required to update the Humanet system on an ongoing basis and with sufficient advance notice, in accordance with applicable legislation.

7.2

The provider is required to provide the user, once the conditions under Article 4 of these Terms and Conditions have been met, with access to the Humanet portal via the username and password entered by the user itself or through a third party during its registration on the Humanet portal. If the provider records overdue receivables against the user or in connection with the user (e.g. a fee), it is entitled to prevent the user from ordering further services until all related receivables of the provider against the user have been paid in full. The provider is entitled to set off any payments made by the user against its older due receivables recorded against the user or in connection with the user.

7.3

In order to verify the user’s registration data under point 4.1 of these Terms and Conditions, the provider is entitled to require the user to submit all relevant information and documents proving

7.3.1

the user’s identity;

7.3.2

that the third party has all the necessary permissions and consents of the user connected with the authorization to use the service on behalf of the user; and

7.3.3

the user’s ability to properly and duly fulfill its obligations under the agreement.

7.4

The provider will allow the user access to the Humanet system, with the possibility of interrupting access in accordance with these Terms and Conditions. The provider is required, no later than six months before the expiry of the period whose expiry the provider is entitled to consider as termination of use of the service under point 2.15 of these Terms and Conditions, to notify the user of this by sending an e-mail to the user’s e-mail address under which the user is registered on the Humanet portal. One month before the expiry of the period under the preceding sentence, the provider will notify the user, by e-mail to the user’s e-mail address under which the user is registered on the portal, of the consequence of the permanent deletion and inaccessibility of the user’s data on the Humanet portal. If, even after receiving the notice under the preceding sentence, the user does not log into its profile on the Humanet portal, and, in the provider’s opinion, does not otherwise make known to the provider, in any other relevant manner, its interest in continuing to use the services, the agreement will terminate upon the expiry of the period under point 2.15 of these Terms and Conditions, and the provider will render the user’s data inaccessible and permanently delete it so that it cannot be recovered (the user’s profile, including agendas created by the user or a third party and their backups, even if these agendas are also made accessible to other users). Until the data is deleted under the preceding sentence, the user has the option, at any time, to agree with the provider on the conditions under which the provider will allow the user to install the service locally on the user’s computer, with the user’s right of access to the user’s data without any time limitation. This does not affect the provider’s obligation to delete the user’s data after the user’s use of the service ends, or after the agreement terminates.

7.5

The provider is entitled to carry out planned downtime, of up to a maximum of 300 minutes per month, on the servers and other equipment through which the services are provided. The downtime will be used to carry out necessary adjustments, updates, and upgrades to the software, or maintenance and replacement of hardware. During such downtime, the provider is required to notify users of this fact by a notice on its portal, and in the case of downtime lasting longer than 300 minutes per month, the provider is required to also inform the user by e-mail, to the user’s e-mail address under which the user is registered on the portal.

7.6

The provider is further entitled to temporarily interrupt or restrict the provision of the service, without this being considered a breach of the agreement, if it reasonably believes that the user or a third party:

7.6.1

misuses the service or enables its misuse, until such misuse is stopped or technical measures preventing such misuse are implemented. Misuse of the service includes, for example:

• (a) carrying out any unlawful or otherwise inappropriate activity through the service provided, which is contrary to the applicable legislation of the Slovak Republic or the European Union;
• (b) distributing or enabling the distribution of unlawful or inappropriate communications;
• (c) distributing or enabling the distribution of malicious code;
• (d) distributing or enabling the distribution of unsolicited or harassing messages;
• (e) infringing or enabling the infringement of copyright or ownership rights;
• (f) disrupting the security of the provider’s networks, information systems, or services;
• (g) unauthorized access, or attempted unauthorized access, to data in the provider’s networks and information systems, or to data of other users;
• (h) overloading the provider’s networks and information systems;
• (i) when it is shown, after the conclusion of the agreement, that the user is a debtor of the provider.

7.7

The provider provides, and the user accepts, the services “as is”. The application is not intended for consumers or for entities subject to special regulation. The user also acknowledges that the granting of authorization to use the service does not constitute the provision of tax advisory or accounting services, and the services do not replace the services of tax advisors or accountants.

7.8

The provider further has the right:

7.8.1

to payment of the fee for the provision of services in accordance with the agreement and these Terms and Conditions;

7.8.2

to compensation for damage caused by the user or a third party, arising from misuse of the services under point 7.6.1 of these Terms and Conditions;

7.8.3

 to temporarily interrupt or restrict the provision of the service to the user under these Terms and Conditions;

7.8.4

to the cooperation of the user necessary for the proper fulfillment of the provider’s obligations under point 6.5 of these Terms and Conditions;

7.8.5

to terminate the agreement in accordance with these Terms and Conditions.

7.9

The provider bears no liability for the content of data that the user provided to the provider as part of its use of the services.

7.10

The provider is not required to release data from an agenda to the user until its overdue obligations have been paid. This does not affect the provider’s right to permanently delete and render inaccessible the user’s data after termination of use of the service under point 7.4 of these Terms and Conditions, nor the provider’s right to unilaterally terminate the agreement in accordance with point 11.3 of these Terms and Conditions.

7.11

The provider has the right to list the user, if it is a legal entity, in the provider’s reference lists, stating its name. The use of other data of the user by the provider under the preceding sentence (e.g. a logo), as well as of a user who is a natural person, is only possible with the user’s prior consent.

7.12

After termination of the agreement under Article 11, the provider is required to delete all of the user’s data so that it cannot be recovered (the user’s profile, including agendas created by the user or a third party and their backups, even if these agendas are also made accessible to other users). Until the data is deleted under the preceding sentence, the user has the option, at any time, to agree with the provider on the conditions under which the provider will allow the user to install the service locally on the user’s computer, with the user’s right of access to the user’s data without any time limitation. However, the provider is not required to delete the user’s data whose further retention or processing is required by specific legislation, or where the provider retains it for the purpose of establishing, exercising, or defending legal claims against third parties or asserted by third parties.

Part 4

Personal data protection, intellectual property

Article 8 – Personal data protection

8.1

Under Art. 28 GDPR, in conjunction with Section 34 of Act No. 18/2018 Z.z. on the Protection of Personal Data and on the Amendment of Certain Acts, as amended (hereinafter the “Act”), the controller and the processor are required to conclude a data processing agreement (either under Art. 28(3) or (4) GDPR) before the provider begins processing personal data entered by the user or a third party on behalf of the user. Upon conclusion of the agreement, the user or third party is technically able to enter personal data into the Humanet system. The provider declares that the user is prohibited from entering any personal data into the Humanet system before inviting the provider and concluding the relevant data processing agreement with the provider, depending on the user’s legal status from the perspective of the GDPR (see the explanation of the term data processing agreement under point 2.8 of these Terms and Conditions). The relevant data processing agreement is available on the provider’s website here. The user is required to print the relevant data processing agreement in two original copies, sign it, and send it to the provider’s registered address. Upon receiving back one copy signed by the provider, the user is entitled to enter personal data into the Humanet system. The user is fully liable for any breach of the GDPR or the Act if personal data is entered into the Humanet system before the conclusion of the relevant data processing agreement. The provider has given the user prior notice of the breach of the GDPR or the Act referred to in the preceding sentence, and is not liable for any such breach of the GDPR or the Act.

8.2

The user is informed of the processing of the user’s personal data provided to the provider during the registration process, as well as during the use of the Humanet system services, to the extent required under Art. 13 GDPR, by means of an e-mail sent to the user upon completion of its registration, to the user’s e-mail address under which the user is registered on the Humanet portal.

Article 9 – Intellectual property

9.1

The Humanet system is a copyrighted work within the meaning of Act No. 185/2015 Z. z., the Copyright Act, as amended. The visual design of the Humanet portal is the intellectual property of the provider. The designation “Humanet” is a registered trademark of the provider.

9.2

Misuse of access to the Humanet system, its unauthorized use, or the making of unauthorized modifications, imitation, or copying of the visual design of the Humanet portal, and unauthorized use of the designation “Humanet”, are, within the meaning of the relevant laws, considered conduct infringing the provider’s intellectual property rights, giving rise to civil or even criminal liability. Information about the use of the Humanet system by the user (so-called testimonials) is not considered unauthorized use of the designation “Humanet”. Conduct of the user that is considered an infringement of the provider’s intellectual property rights is grounds for the unilateral termination of the agreement in accordance with point 11.3 of these Terms and Conditions, with a notice period of 24 hours.

Part 5

Duration and termination of the agreement

Article 10 – Formation of the agreement

10.1

The agreement is deemed to be duly concluded at the moment the user expresses consent to these Terms and Conditions, on the basis of which the provider and the user conclude an agreement under Section 269(2) of the Commercial Code, which sets out the rights and obligations of the contracting parties in providing access via the internet to the Humanet system, to the extent of the service selected by the user. The provider’s publication of these Terms and Conditions on the Humanet portal, in the General Terms and Conditions section, is deemed to be the provider’s expression of consent to them. The user’s (including a third party acting on behalf of the user) selection of the “I agree to the General Terms and Conditions” option on the Humanet portal is deemed to be the user’s expression of consent to these General Terms and Conditions, constituting a representation to the effect: “I confirm that I have read the General Terms and Conditions, that I have understood them, and I hereby give my unconditional and voluntary consent to them.” The provider is entitled to amend and modify these Terms and Conditions under the conditions set out in the relevant article of these Terms and Conditions.

10.2

The agreement is concluded for an indefinite period.

Article 11 – Termination of the agreement

11.1

The agreement terminates:

11.1.1

by written agreement of both contracting parties, with the signatures of the persons authorized to act on behalf of the provider and the user appearing on the same document;

11.1.2

by the permanent deletion and rendering inaccessible of the user’s data under point 7.4 of these Terms and Conditions;

11.1.3

by expiry of the relevant notice period;

11.1.4

by withdrawal from the agreement;

11.1.5

in another manner specified in these Terms and Conditions.

11.2

Both contracting parties are entitled to terminate the agreement under the conditions, in the manner, and within the periods set out in the agreement or these Terms and Conditions.

11.3

The provider is entitled to terminate the agreement within the period specified in these Terms and Conditions, or otherwise with a notice period of one calendar month, if:

11.3.1

 so provided by these Terms and Conditions;

11.3.2

the user, after access has been blocked under point 5.1 of these Terms and Conditions, fails to pay a due invoice for services provided within 30 days;

11.3.3

the user fails to comply with any of the obligations under Article 6 of these Terms and Conditions.

The notice of termination is delivered by e-mail to the user’s e-mail address under which the user is registered on the portal. The notice period begins to run on the next business day following the day the notice was sent by the provider. The agreement terminates upon expiry of the notice period.

11.4

The user is entitled, itself, through its statutory body, or another authorized person entitled to act on behalf of the user, to terminate the agreement by e-mail sent to the provider’s e-mail address referentprezmluvy@hour.sk. The notice period in such a case is at least 1 calendar month, beginning to run on the first day of the calendar month immediately following delivery of the request and ending on the last calendar day of the month selected by the user.

11.5

A request to cancel the account sent by the user through the My Humanet portal is also considered notice of termination by the user. The notice period is at least 1 calendar month, beginning to run on the first day of the calendar month immediately following delivery of the account cancellation request and ending on the last calendar day of the month selected by the user.

By canceling the account, the user loses access to its agendas. The provider will also send a notification of the account cancellation to all users who have access to any of the agendas of the user requesting the account cancellation.

Cancellation of the account terminates the agreement concluded under point 10.1 of the Terms and Conditions, and the Data Processing Agreement concluded under point 2.8 of the Terms and Conditions. The provider will retain the agendas after the user’s account is canceled, and, within the meaning of the GDPR, will acquire the position of controller with respect to the personal data processed in the agendas. The provider’s legitimate interest in processing the personal data is the protection of legal claims and the prevention of damage. The provider will anonymize, without the possibility of recovery, any personal data whose processing is not necessary to achieve the stated purpose, and will permanently delete all agendas once all obligations have been settled.

11.6

After the validity and effectiveness of the agreement ends, the user or a third party is not entitled to use the services.

11.7

After termination of the agreement, the provider is required to proceed in accordance with point 7.12.

Part 6

Liability for damages

Article 12 – Liability for damages

12.1

The provider bears no liability for damage arising from inappropriate or unlawful content of data provided into the Humanet system by the user or a third party.

12.2

The provider is not liable for errors, damages, or data loss

12.2.1

caused when using the services, or by their outputs, if caused by the user, third parties, or obstacles arising independently of the provider’s will,

12.2.2

caused by using the services in breach of these Terms and Conditions, by unskilled interference with the system software and environment, caused by insufficient security of the user’s local network or its computers, or by a hacker attack or other similar external interference, or

12.2.3

arising as a result of damage caused by the incorrect functioning of other manufacturers’ programs installed on the user’s device.

12.3

The provider bears no liability for the display of information on the user’s device, or for the availability of the website at any time and place, which the provider cannot influence and which are on the side of the user or a third party (e.g. insufficient hardware of the user’s accessing device, the user’s internet connection, an outage of the internet or other connection, etc.).

12.4

If the provider incurs any damage as a result of the user’s failure to fulfill any of its obligations set out in these Terms and Conditions, the user is required to compensate the provider for this damage in full.

12.5

The provider is liable to the user for damage that the provider has demonstrably caused by a culpable breach of obligations arising from these Terms and Conditions; however, it is not liable for the user’s loss of profit caused by a breach of its obligations set out in these Terms and Conditions. The provider’s liability for damage caused to the user as a result of a proper failure to fulfill obligations set out in these Terms and Conditions is limited to the obligation not to invoice, or to refund, a proportionate part of the fee paid by the user for the provision of services for the period in which the provider breached its obligations arising from these Terms and Conditions. The user is required to assert damages under this point with the provider in writing no later than three months from the day it became aware of the breach. The user is required to duly prove the damage and the causal link between its occurrence and the provider’s breach of obligation under this point of the Terms and Conditions; otherwise, the user’s claim for damages will not arise. The total amount of compensation that the provider will pay to the user in accordance with this point may not exceed the amount of the fee for the last 12 calendar months.

12.6

The provider is not liable for failure to provide services, or the impossibility of providing services, arising as a result of a natural disaster, unauthorized interference with the network or information system through which the service is provided, or a decision of a state authority.

12.7

The provider is not liable for the impossibility of providing services during an outage of the internet connection, during war, a state of war, a state of exception, or a state of emergency, or in the case of other objective, unforeseeable, and unavoidable circumstances (force majeure).

Part 7

Amendment of the Terms and Conditions, final provisions

Article 13 – Amendment of the Terms and Conditions

13.1

In the interest of improving the quality of services, or expanding the range of services provided by the provider, or as a result of a change in legislation, or a change in the technical possibilities for providing services, or the implementation of security measures, and in connection with a change in the provider’s business policy or the need for such a change, or in connection with changes in the banking, monetary, or capital market that are objectively capable of affecting the provision of services or the conditions for their provision, the provider is entitled to unilaterally amend or supplement these Terms and Conditions, or to replace them entirely. The provider publishes amendments to the Terms and Conditions under this point, together with the date they take effect, on its web portal. The provider informs users of a change to the Terms and Conditions under this point by publishing it on the provider’s web portal and by sending an e-mail to the user’s e-mail address under which the user is registered on the Humanet portal, no later than 30 days before it takes effect.

13.2

If amendments to the Terms and Conditions under point 13.1 of these Terms and Conditions relate to agreements already concluded, the user has the right, within 30 calendar days of the date the Terms and Conditions were published under point 13.1 of these Terms and Conditions, to request that the amendments to the Terms and Conditions not apply to the valid agreement concluded with the provider before the amendment to the Terms and Conditions took effect (hereinafter the “Request”). If the user exercises the right under the preceding sentence and the provider does not grant its Request, the user has the right to withdraw from the agreement in writing within 30 days of the date of delivery of the provider’s notice, sent by e-mail to the user’s e-mail address under which it is registered on the Humanet portal, that the provider has not granted its Request. The provider is required to send the notice under the preceding sentence no later than 5 days from the date of delivery of the Request. If the user does not notify the provider in writing that it does not accept the amendment to the Terms and Conditions, it is deemed that the user has accepted the amendment to the Terms and Conditions and agrees with it, and the amendment to the Terms and Conditions becomes an integral part of the relevant agreement on the date on which the Terms and Conditions, or the amendment to the Terms and Conditions, take effect.

13.3

These Terms and Conditions are published on the Humanet portal, in the Terms and Conditions section, and came into force and effect on 1 September 2020 under point 13.1 of these Terms and Conditions, and replace all of the provider’s terms and conditions valid and effective prior to the validity and effectiveness of these Terms and Conditions.

13.4

Previous General Terms and Conditions valid until 31 August 2020.

Article 14 – Final provisions

14.1

The contracting parties have chosen the law of the Slovak Republic to govern all their mutual relations. The contracting parties have agreed that all disputes arising from the agreement, including disputes concerning its validity, the consequences of its invalidity, its interpretation, or its termination, will be resolved by the competent court of the Slovak Republic.

14.2

Documents addressed to either of the contracting parties are primarily delivered to the e-mail addresses on the provider’s side — info@humanet.sk (stated in point 2.1 of these Terms and Conditions) and, on the user’s side, to the e-mail address under which the user is registered on the Humanet portal — and are deemed delivered within three hours of the e-mail being sent, without the sender being notified by the e-mail service of the impossibility of delivering the e-mail, even if the addressee did not become aware of the e-mail, unless otherwise stated in these Terms and Conditions.

14.3

If documents are delivered in paper form by traditional mail, they are deemed delivered on the day of their receipt by the addressee, or by a person authorized by the addressee. Documents are also deemed delivered on the day the addressee refuses to accept them, on the day the document is returned as undeliverable because the addressee is unknown, and on the third day after being deposited at the post office, if their delivery to the addressee’s last known address is unsuccessful, even if the addressee does not become aware that the document has been deposited at the post office.

14.4

These Terms and Conditions form an integral part of every validly concluded agreement. In the event of a conflict between these Terms and Conditions and the Price list, the provisions of these Terms and Conditions shall apply.

14.5

If any provision of the Terms and Conditions is invalid, this does not affect the validity of the other provisions of the Terms and Conditions. Invalid provisions will be replaced by provisions of the generally binding legislation of the Slovak Republic that are closest in content and purpose to the content of the Terms and Conditions or the invalid provision of the Terms and Conditions.

14.6

Unless expressly provided otherwise in the agreement, the agreement may only be amended on the basis of written amendments agreed and signed by both contracting parties (the provider and the user).

14.7

The user hereby confirms that it has carefully read the Terms and Conditions, that all of their provisions are clear and comprehensible to it, that it has fully understood these Terms and Conditions, and that it agrees with them, as evidenced by its expression of consent under point 10.1 of these Terms and Conditions.