BUSINESS TERMS AND CONDITIONS

SUPERFIN PLUS, s.r.o., with registered office in Prague 9 - Horní Počernice, Náchodská 444/145, ZIP code 19300, ID number 28479793, registered in the commercial register maintained by the Municipal Court in Prague, section C, file 144632, for the provision of consulting services

INTRODUCTORY PROVISIONS
1. These terms and conditions (hereinafter referred to as the "terms and conditions") of SUPERFIN PLUS, s.r.o., with registered office in Prague 9 - Horní Počernice, Náchodská 444/145, ZIP code 19300, ID number 28479793, registered in the commercial register maintained by the Municipal Court in Prague, section C, insert 144632 (hereinafter referred to as the "provider"), regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, in the valid and effective version (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of contractual parties arising on the basis of and in connection with the contract for the provision of consultancy (hereinafter referred to as the "contract for the provision of consultancy") concluded between the provider and another natural or legal person (hereinafter referred to as the "client"; the provider and the client hereinafter collectively referred to as the "contractual parties").
2. The contracting parties may deviate from these terms and conditions by means of special provisions in the contract for the provision of consultancy. Special provisions in the contract for the provision of consultancy take precedence over the general provisions of these terms and conditions.
3. These terms and conditions apply in the wording stated on the provider's website located at the internet address ffg.club (hereinafter referred to as the "website") on the day the order is sent by the customer.
4. The provider reserves the right to change or supplement the wording of the terms and conditions. The rights and obligations of the contracting parties arising during the period of validity of the previous version of the terms and conditions are not affected by this provision.
CONSULTANCY CONTRACT CONCLUSION
1. The proposal for the conclusion of a contract for the provision of consultancy is the sending of an order by the customer, via the order form located on the website (hereinafter referred to as the "order"). An order for a certain type of consultancy must contain the client's identification data, an e-mail address and it must be clear what type of consultancy is requested.
2. Before sending the order to the provider, the customer has the opportunity to check, correct or change the specified data in the order.
3. The customer sends the order to the provider by clicking the "send" button on the website. By sending the order, the customer also confirms that he has familiarized himself with these terms and conditions, that he considers them comprehensible and that he agrees with them.
4. The data provided in the delivered order is considered correct by the provider.
5. In response to the order delivered by the customer to the provider, the provider will immediately confirm to the customer the acceptance of the order and the agreement to conclude a contract for the provision of consultancy (hereinafter referred to as "acceptance of the order"), to the customer's e-mail address specified in the order. The wording of the agreement on the provision of consultancy and business terms will be part of the order acceptance confirmation. This confirmation will contain a recapitulation of the order, the provider's bank account number, a variable symbol for the payment of the relevant price and the price for the consultancy. With the delivery of confirmation of order acceptance to the customer by the provider, the contract for the provision of consultancy is concluded.
6. The contract for the provision of consultancy becomes valid and effective at the moment of its conclusion.
7. The customer agrees to the use of remote communication means when concluding a contract for the provision of consultancy. The costs incurred by the customer when using remote communication means in connection with the conclusion of a contract for the provision of consultancy (e.g. costs of Internet connection, telephone communication) are paid by the customer himself.
8. If the client is interested in concluding a contract for the provision of consultancy in a different way than through an order made via the order form located on the provider's website, he can contact the provider via the contact details provided on the website. In such a case, the contract for the provision of consultancy will be concluded on the basis of a proposal for the conclusion of the contract made by the provider via the e-mail address provided by the customer when contacting the provider. The contract for the provision of consultancy is then concluded by delivery of the agreement with the proposal for the conclusion of the contract by the client to the provider. The provisions of § 1740, paragraph 3 of the Civil Code do not apply in such a case.
9. The contract for the provision of consultancy will be concluded exclusively in the Czech or English language. These terms and conditions form an integral part of the contract for the provision of services.
10. The customer shall pay the price at the latest at the time of the start of the consultancy either in cash or to the bank account of the provider, which the provider will inform him along with the confirmation of the Order via e-mail or in another suitable way.
11. The contracting parties further agreed that if the customer does not pay the price in the specified amount and on time, the provider is entitled to withdraw from the contract for the provision of consultancy, by sending a notice of withdrawal to the customer to his e-mail address specified in the Order, or to his correspondence address specified in the Order.
12. Consulting will be provided to the customer after the price has been credited to the Provider's bank account or after payment in cash.
13. Consulting will be provided to the customer by the provider at the location agreed upon by the Contracting Parties.
PROVIDER'S COMPENSATION AND PAYMENT TERMS
1. The customer undertakes to pay the provider a fee - the price for consulting, in the amount specified in the specific contract (previously and hereinafter referred to as the "price").
2. The price will be paid by the customer to the provider with an online payment card through a secure payment gateway, to which the customer will be automatically redirected after confirming the order. All data about the payments made is transmitted via a secure route and the provider does not have access to them, nor does it store them anywhere. Alternatively, it can be paid on the basis of a tax document - an invoice with a maturity of 14 days.
3. The provider is the payer of value added tax, which will be added to the price in cases determined by generally binding legal regulations.
4. With regard to all payments made on the basis of the consultancy contract, the provider issues a tax document to the customer, which will be delivered to the customer in electronic form to the e-mail address specified in the order.
5. Discounts provided to the customer by the provider cannot be combined and added together. Discounts can always be applied with the provider only before the conclusion of the contract for the provision of consultancy, their subsequent application is not taken into account.
6. In case of default by the customer in payment of monetary claims, the provider is entitled to default interest in the amount of 0.05% of the amount owed, for each day of delay, even if it has started.
CANCELLATION OF TERMS
1. The customer can opt out of the provision of consultancy by sending a request to opt out no later than sixteen (16) days before the planned start of the provision of consultancy to the e-mail address of the e-mail provider. The provider will return the paid price to the customer to the bank account from which the payment was made, within fifteen (15) days from the date of deregistration.
2. In the event that the customer unsubscribes from the provision of consultancy less than sixteen (16) days before its planned start, the provider is entitled to a cancellation fee in the amount of the paid price. The customer will not be refunded the price paid by the provider, and the price paid will be counted towards the payment of the cancellation fee.
3. In the event of non-implementation of consultancy in accordance with the contract for the provision of consultancy for reasons on the part of the client, the provider has the right to a contractual penalty in the amount of the price. Thus, the paid price will not be returned to the customer by the provider, and the paid price will be counted towards the payment of the contractual penalty.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
1. The customer assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
2. The contracting parties waive their right to raise objections to the validity of the consultancy contract due to its vagueness or ambiguity.
PROTECTION OF PERSONAL DATA AND SENDING COMMERCIAL MESSAGES
1. Protection of personal data of the customer who is a natural person, or of other natural persons as data subjects, is provided by relevant legal regulations1. When processing personal data, the provider will proceed in accordance with the rules established by these generally binding legal regulations, including the directly applied regulations of the European Union from May 25, 2018 by EU Regulation No. 2016/679 on the protection of personal data.
2. The customer, who is a natural person, hereby acknowledges that the provider, for the purpose of concluding or fulfilling a contract for the provision of consultancy, or in order to fulfill its legal obligations, it processes his personal data in the scope of: name, surname, address, telephone number, e-mail address, identification number and information about previous orders (hereinafter referred to as "personal data"). For the same purpose, the provider processes personal data, or to a lesser extent, with other natural persons, such as representatives of clients-legal entities.
3. The customer, who is a natural person, further acknowledges that the provider processes his personal data also for the purposes of sending information and business communications. If the customer does not agree with this processing of personal data, he is entitled to raise an objection against it; in such a case, the provider will immediately stop sending information and commercial messages.
4. The customer acknowledges that he is obliged to provide his personal data correctly and truthfully and that he is obliged to inform the provider without undue delay of any change in personal data.
5. The provider can entrust a third party as a processor with the processing of the customer's personal data. Personal data may be transferred by the provider to third parties.
6. Personal data will be processed for the period necessary for the purposes of processing, but no longer than for a period of three (3) years after the termination of the last contract for the provision of consultancy with the client, or then for the legal period of archiving individual data. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
7. The customer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.
8. In the event that the customer believes that the provider or processor according to Article of these terms and conditions, the processing of his personal data, which is contrary to their protection, may:
  • ask the provider or processor for an explanation,
  • demand that the provider or the processor remove the situation that has arisen in this way - in particular, to correct, delete or limit the processing of personal data.
9. If the customer requests information about the processing of his personal data, the provider is obliged to provide this information to the customer. The provider has the right to request a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary to provide the information in the event that the request is clearly unfounded or unreasonable.
10. Where this article refers to the customer, this also means any other data subject, unless the content or nature of the individual article precludes this.
WITHDRAWAL FROM SERVICE AGREEMENT
1. The provider is entitled to withdraw from the contract for the provision of consultancy in the event of a material breach of the contract for the provision of services by the client. Failure to pay the price in accordance with these terms and conditions is considered a material breach of the contract for the provision of consultancy.
2. The customer is entitled to withdraw from the contract for the provision of services in the event of a material breach of the contract for the provision of consultancy. Failure to carry out consultancy within the term specified in the consultancy contract is considered a material breach of the consultancy contract.
SPECIAL PROVISIONS FOR THE CONTRACT CONCLUDED WITH THE CONSUMER
1. The provisions of Articles 2 to 7 of these terms and conditions apply only on the assumption that the customer is a consumer within the meaning of § 419 of the Civil Code.
2. The customer asserts his rights arising from the provider's responsibility for performance defects with the provider in writing, via the provider's e-mail address.
3. Out-of-court handling of consumer complaints is provided by the provider through the e-mail address e-mail. The provider will send information about handling the customer's complaint to the customer's e-mail address specified in the order.
4. For the out-of-court settlement of consumer disputes arising from a contract for the provision of services, the Czech court based on the registered office of the provider has jurisdiction over the matter and location.
5. The customer, who is a consumer, acknowledges that he cannot withdraw from such a contract for the provision of services that was fulfilled with his prior express consent before the expiry of the withdrawal period.
FINAL PROVISIONS
1. The contract for the provision of consultancy can be changed or canceled only based on the agreement of the contracting parties, under the conditions specified in these terms and conditions or under the conditions established by law.
2. If the relationship established by the contract for the provision of consultancy contains an international (foreign) element, then the contracting parties agree that the contractual relationship is governed by Czech law.
3. The legal relationship established by the contract for the provision of advice is governed in particular by the Civil Code, with the provision that for the purposes of the relationship between the provider and the client:
  • excludes the use of preserved business practices in the sense of provision 558 paragraph 2 of the Civil Code in the case where the customer is an entrepreneur;
  • excludes the provisions of § 1748, § 1764, § 1793-1795, § 1971, § 1977-1979, § 2002, § 2050 of the Civil Code.
4. If any provision of the Advisory Agreement or Business Terms later proves or is determined to be invalid, ineffective, apparent or unenforceable, then such invalidity, ineffectiveness, apparent or unenforceability shall not render the Advisory Agreement or Business Terms invalid, ineffective, apparent or unenforceable as whole. In such a case, the contracting parties undertake, without unnecessary delay, to additionally clarify such defective provision in accordance with the provisions of § 553, paragraph 2 of the Civil Code, or to replace it by mutual agreement with a new provision which, to the extent permitted by the legal regulations of the Czech Republic, most closely corresponds to the intention of the contracting parties in at the time of conclusion of the contract.
5. Annex No. 1 of the terms and conditions consists of the Form for withdrawing from the contract for the provision of advice by the consumer.
6. The contract for the provision of consultancy, including the terms and conditions, is archived by the provider in electronic form and is not publicly accessible.
7. Contact details of the provider: e-mail address help@ffg.club.
8. The current wording of the OP is always available on the provider's website.
9. All disputes arising from the contract for the provision of consultancy and in connection with it will be decided by the general courts of the Czech Republic. In such a case, the local jurisdiction of the court will be governed by the Provider's current seat.