Terms and Conditions

1.1Customer - The Customer of this Agreement who uses the Services of the Provider;

1.2Consumer - A visitor of the Customer's E-shop;

1.3Provider - SAIMON, s.r.o. with registered office at: Revoluční 1403/28, Nové Město, 110 00, Praha 1

1.4SAIMON® - Provider;

1.5E-shop - An online store, website or application belonging to the Customer to which the Agreement relates;

1.6System - Software created by SAIMON® that enables the provision of the Services;

1.7Services - Services provided by SAIMON®;

1.8Tariff - The scope of Service features agreed between the Customer and the Provider, which the Customer may use for the agreed remuneration due to the Provider;

1.9Price List - A document that sets out the remuneration for Services provided by the Provider;

1.10Scripts - Programming-language code necessary for the provision of Services within the selected Tariff, intended for installation into the E-shop code;

1.11Helpdesk - An information-support service provided by SAIMON® in the event of a Failure reported by the Customer;

1.12Product Recommendation - A Service displaying Widgets with the Customer's Products on the E-shop in order to increase Consumer interactions with the E-shop;

1.13Search - A Service displaying search results for Consumer queries on the E-shop;

1.14Integration - A Service provided for the integration of the System into the E-shop;

1.15Integrator - An entity carrying out the Integration, which may or may not be identical to the Provider;

1.16Marketing and IT Support - An additional service provided by SAIMON® through which changes to the System are implemented at the Customer's request beyond the scope of the Tariff;

1.17Failure - A critical error that prevents Consumers from using the System's functions;

1.18Error - An error that affects a limited part of the System and despite which the system can continue to be used by Consumers;

1.19Request - A message sent by the Customer for the purpose of ordering or consulting Marketing and IT Support;

1.20Widget - A frame with a recommendation

1.21Customer's Products - The list of the Customer's products maintained in the System that are used in the Services, in particular displayed to Consumers on the E-shop;

1.22Widget Display - A single display of a Widget to a visitor of the E-shop upon loading an E-shop page, in which Product Recommendation is used;

1.23Search Use - A single use of the Search by an E-shop consumer;

1.24Usage Report - A monthly report available to the Customer with the total sum of Widget Displays and the total sum of Search Uses;

1.25Billing - A monthly summary of the remuneration due to the Provider for the Services used by the Customer in accordance with the agreed Tariff of use for the given month;

2.1 An entity interested in using SAIMON® Services may: (i) activate the add-on at this address; (ii) contact a SAIMON® representative in order to agree on the terms of use of selected Services.

2.2Upon installation of the SAIMON® Add-on, a 14-day trial period begins, and if the add-on is not uninstalled during the trial period, the add-on is approved by the Customer and SAIMON® s.r.o., and an Agreement is concluded between both parties.

2.3The Agreement may also be concluded in another manner agreed between a representative of SAIMON® s.r.o. and the Customer.

3.1Upon conclusion of the Agreement, SAIMON® grants the Customer access in accordance with the selected Tariff to use the Services for the duration of the Agreement and within the scope of functionality arising from the Tariff selected by the Customer.

3.2The Customer is not entitled to: (i) modify, adapt, translate or create derivative works of the software or software components based on the Script or the System; (ii) use functionality that is not included in the selected Tariff; (iii) carry out reverse engineering, reproduce source code, decompile, disassemble or perform other acts aimed at revealing the source code of the System or the Scripts; (iv) transfer in whole or in part any rights to use the Tariff; (v) modify, copy or transfer the Scripts and the System.

3.3The terms relating to the use of the Tariff apply to all bug-fix releases, patches, derivative works, updates and upgrades that the Customer may use under the Agreement.

3.4In the event of a breach by the Customer of any provision of this section, SAIMON® reserves the right to impose a contractual penalty for each such breach in the amount of 100,000 Kč. SAIMON® is entitled to claim damages exceeding the amount of the reserved contractual penalty.

4.1The Customer is obliged to report to the Provider any Failure or Error that has occurred (hereinafter the Defect) to the email address: support@saimon.cz. The notification must contain a detailed description of the Defect, the time when the Defect occurred, screenshots showing the Defect, a URL link to the E-shop page where the Defect occurs, and details of the contact person on the Customer's side who has the technical and factual knowledge regarding the Defect and who will support SAIMON® in resolving the Defect.

4.2SAIMON® is obliged to commence resolution of a Failure for which it is responsible within 2 hours of receipt of the notification, in accordance with the conditions set out in Article 4 of this Agreement.

4.3SAIMON® is obliged to commence resolution of an Error for which it is responsible within 24 hours of receipt of the notification, in accordance with the conditions set out in Article 4 of this Agreement.

5.1SAIMON® provides additional services.

5.2Additional services include, among others, the need for re-Integration and additional Marketing and IT Support.

5.3Marketing and IT Support is carried out at the Customer's request in order to implement changes and targeted functionalities that go beyond the scope of the Tariff.

5.4Re-Integration is carried out at the Customer's request in order to integrate the Service and the System taking into account, e.g., fundamental technological changes in the System or the need to introduce new functionalities.

5.5The basis for pricing additional services shall be the rate per commenced working hour in accordance with the Price List.

5.6The Customer orders additional services by means of a Request sent to the Provider's email: support@saimon.cz. SAIMON® is obliged to commence handling of the Request within 5 working days.

5.7By activating the add-on, the Customer consents to receiving commercial communications from SAIMON®.

6.1Any financial performance to the Provider is payable by bank transfer to the Provider's bank account, account number 2610199298 / 5500 , held at Raiffeisenbank.

6.2The Provider is obliged to issue a proper tax document - an invoice - for the Remuneration or other financial performance under this Agreement, whose details correspond to the details stated in this Agreement, and to deliver such tax document (invoice) to the Customer.

6.3The Provider has the right to deliver the tax document - the invoice - also in electronic form by means of an email message.

7.1In the event that the Customer is in default with payment of the Remuneration or any part thereof by more than 30 days, the Provider shall set an additional performance period of 7 days from the date of delivery of the reminder. Upon expiry of the additional period without effect, the Provider may limit the provision of all services that are the subject of this Agreement. The Provider is not liable for any damages or other harm caused thereby.

7.2If payment is not made within 14 days of the limitation of services, the Provider is entitled to terminate the Agreement with immediate effect.

7.3In the event that the Provider is in default with commencing resolution of a Failure request pursuant to paragraph 4.2 of this Agreement, it undertakes to pay the Customer a contractual penalty of 100 Kč for each commenced hour of delay until the resolution of the Failure is commenced.

7.4In the event that the Provider is in default with commencing resolution of an Error request pursuant to paragraph 4.3 of this Agreement, it undertakes to pay the Customer a contractual penalty of 100 Kč for each commenced hour of delay until the resolution of the Error is commenced

7.5The amount of the penalty and the liability of SAIMON® arising from the Agreement is limited to the actual damages incurred by the Customer (damages in the form of lost profit are excluded from compensation) and also up to twice the average monthly remuneration paid by the Customer to QuarticOn in the last 6 months.

7.6Any penalties will be offset against the invoice in the following accounting period.

8.1This Agreement is governed by the legal order of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended.