General Terms and Conditions
of QUARTEX Praha s.r.o.
v1.0
Article I. Introductory Provisions
(1) QUARTEX Praha s.r.o. is a commercial company engaged in the supply of enterprise information systems, in particular ERP systems on the Microsoft platform, its own Q.Man.plus platform and related proprietary web applications (hereinafter also referred to as the “Applications”).
(2) QUARTEX Praha s.r.o. is registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 60466, with its registered office at Nádražní 203/9, 250 64 Měšice, Company ID No. 256 78 230 (hereinafter referred to as “Quartex Praha”).
(3) Quartex Praha provides its Applications also through an e-shop available at www.quartexpraha.cz (hereinafter referred to as the “Website”) and, for the purpose of operating the said e-shop, issues these General Terms and Conditions (hereinafter referred to as the “Terms”).
(4) Any person who visits the Quartex Praha Website is considered a website visitor (hereinafter referred to as the “Visitor”). After registration, the Visitor may use certain Application functions free of charge.
(5) Any person who concludes an agreement with Quartex Praha for the paid use of any of the Applications is considered a customer (hereinafter referred to as the “Customer”). As the Applications are developed for a business environment, the Customer may only be a legal entity or a self-employed individual. A Customer may not be a consumer within the meaning of generally binding legal regulations.
(6) All agreements presented on the Website are provided for informational purposes only and do not constitute an offer to conclude any agreement. Therefore, Quartex Praha is not obliged to conclude any agreement with the Visitor. The provision of Section 1732(2) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), shall not apply.
(7) These Terms are binding on all users of the Website, in particular Visitors and Customers.
Article II. Registration
(1) If a Visitor wishes to use the Quartex Praha Application, they must create an account at www.qinvoice.cz (hereinafter referred to as the “Account”). The Visitor is obliged to provide truthful, current, and non-misleading information when creating the Account.
(2) Account security is ensured through the Visitor’s registered email address and password. The Visitor is obliged to keep the login credentials inaccessible to third parties. Quartex Praha shall not be liable for misuse of the Account by third parties to whom the Visitor, whether intentionally or negligently, allowed access to the login credentials.
(3) The Visitor is obliged to keep personal and contact details in the Account truthful, current, and non-misleading. If the Visitor fails to do so, they shall be liable for any damage or harm caused to Quartex Praha or third parties. Quartex Praha shall bear no liability if the Visitor does not keep such details truthful, current, and/or non-misleading.
(4) If the Visitor breaches generally binding legal regulations and/or these Terms and/or other rules within the cooperation between the Visitor and Quartex Praha, Quartex Praha shall be entitled to make the Visitor’s Account inaccessible and/or delete it, including access to uploaded content. In such case, Quartex Praha shall bear no liability for any damage or harm incurred by the Visitor or any third party.
(5) By creating the Account, the Visitor expressly agrees to these Terms and simultaneously agrees to the use of remote communication means when concluding contracts under these Terms.
(6) The above rights and obligations of the Visitor shall also apply to the Customer, whereby Quartex Praha notes that they apply to the Customer to a greater extent by their nature.
Article III. Basic License Rules
(1) If the Visitor registers and creates an Account, they are entitled to use certain Applications or parts thereof free of charge. Current possibilities for free Account usage are listed at www.qinvoice.cz.
(2) Free usage of the Applications comes with limited options for storing and managing data entered by the Visitor.
(3) If the Visitor purchases any Quartex Praha Application, they become a Customer.
(4) Use of the Applications, whether free or paid, grants the Visitor or Customer a non-exclusive license to the relevant Application or its parts without territorial limitation, with the condition that the Visitor / Customer may not provide any sublicense to third parties or otherwise grant access to the Application or its parts.
Art. IV. License Agreement
(1) The Website enables the conclusion of a license agreement for the listed Applications (hereinafter referred to as the “Agreement”). These Terms and Conditions apply to all Agreements. Based on a special agreement, other agreements may also be concluded according to the individual needs of the Customer.
(2) The agreement for free use of the Application is valid and effective between the Visitor and Quartex Praha at the moment the Account is created.
(3) If the Visitor wishes to become a Customer, they shall create an account by completing the registration form and selecting the appropriate Application tariff (hereinafter also referred to as the “Order”). Before submitting the Order to Quartex Praha, the Visitor is entitled to modify the data related to the Order. Before the final submission of the Order to Quartex Praha, the Visitor is obliged to check the content of the Order.
(4) The agreement for paid use of the Application is valid and effective between the Customer and Quartex Praha upon submission of the Order and payment of the Application price to the Quartex Praha account. Payment means the crediting of the relevant amount to the Quartex Praha account.
(5) The Customer may terminate the provision of paid use of the Application at any time in their user account. As a result of termination of the provision of paid use of the Application pursuant to Article V. Payment, the fee for the use of the paid version of the Application will no longer be regularly charged from the Customer’s specified bank account, and the Customer will be entitled to use the paid version of the Application until the end of the period for which the Customer has paid the fee for the paid version of the Application.
(6) If the Visitor does not use the Application for a period of 3 months, it shall be deemed that the Agreement has been terminated on the last day of the three-month period of non-use of the Application and the account shall be cancelled.
Art. V. Payment
(1) Upon the establishment of the contractual relationship between the Customer and Quartex Praha, the Customer is obliged to pay Quartex Praha the price of the relevant Application. The fee is agreed in regular monthly/quarterly/annual intervals and corresponds to the Quartex Praha price list for individual Applications.
(2) Methods of payment:
a) payment based on a tax document (invoice) issued by Quartex Praha to the Customer. The tax document will be issued for the following calendar month/quarter/year in the preceding month.
b) payment via the Globalpayments payment gateway. After submitting the Order to Quartex Praha and paying the price for the first period with simultaneous authorization of the Customer, Quartex Praha will subsequently charge the relevant price from the Customer’s account each further month/quarter/year of the contractual relationship. The price will always be charged in advance for the following calendar month/quarter/year. The date of repeated payment of the relevant price is governed by the date of the first payment. This procedure will be used for the duration of the Agreement and the validity of the Customer’s specified card. If the Customer changes their card, they are obliged to update their card details within their Account. Changing the Customer’s card does not give rise to the Customer’s right not to pay the price under the Agreement, i.e. the Customer’s obligation to pay the price of the Application continues to apply.
(3) The Customer is not obliged to use the Application for which the Agreement was concluded. This fact does not result in the termination of the Customer’s obligation to pay the price.
Article VI. Application
(1) Continuous availability of the Application paid for by the Customer and access to the data stored therein is guaranteed by Quartex Praha. However, Quartex Praha shall not be liable for interruption of access to the Application or loss of data stored therein as a result of actions of the Customer or third parties, or due to hardware or software of the Customer or a third party, or telecommunication connections, or electricity supply, or decisions of administrative authorities, or for any other reasons for which Quartex Praha is not fully responsible or cannot be responsible.
(2) If the unavailability of the Application paid for by the Customer or access to the data stored therein lasts longer than 24 hours, Quartex Praha undertakes to refund the Customer a proportional part of the price for the calendar month in which such unavailability occurred.
(3) In the event of termination of the Agreement between the Customer and Quartex Praha, the Customer has the option to request a data export by sending a request to info@qinvoice.cz, and such export will be provided for a fee. At the moment of termination of the Agreement between the Customer and Quartex Praha, the possibility of storing the Customer’s data within the Application ends.
(4) Quartex Praha shall not be liable for loss, destruction, damage, or any errors of data transferred by the Customer from the Application to storage designated by the Customer, unless such loss, destruction, damage, or other error was caused exclusively by Quartex Praha.
(5) If the Customer discovers a defect in the Application at any time, the Customer shall notify Quartex Praha of this fact to such an extent that the defect can be identified on the part of Quartex Praha and, if applicable, resolved according to the decision of Quartex Praha.
Article VII. Substantial Prohibited Conduct
By concluding the Agreement, both the Customer and the Visitor expressly undertake that they will not
a) forcibly disable the Application, carry out DDoS attacks or similar attacks intended to deliberately disrupt the operation of any Application of Quartex Praha,
b) publish content infringing the rights of third parties, including Quartex Praha,
c) publish content that is unethical, vulgar, immoral, or otherwise contrary to good morals or that in any way violates Quartex Praha or the Application,
d) publish content damaging Quartex Praha or any of its Applications,
e) provide sublicenses, whether formally or informally.
Article VIII. Liability for Content
(1) Content uploaded by the Visitor or the Customer to the Application is not subject to control by Quartex Praha. Quartex Praha shall not be liable for content uploaded by the Visitor or the Customer or by persons to whom the Visitor / Customer allows access to the Application, regardless of whether such content is defective or not from any point of view, whether in terms of content or form.
(2) Any handling of content by the Visitor or the Customer shall be borne by such Visitor or Customer.
(3) If a third party discovers that it is or has been harmed by uploaded content of any person, such third party has the right to notify Quartex Praha of this fact by e-mail at: info@qinvoice.cz. The notifier is obliged at least to:
a) provide information about their person so that they can be identified and contacted,
b) provide a description of the harmful content, specify in what way they perceive a violation of their rights, and provide basic evidence that they are the holder of such rights,
c) provide information about the infringing person so that such person can be identified and contacted.
(4) Quartex Praha shall internally investigate the reported facts and, if applicable, take appropriate measures to protect the rights of the notifier or other persons. However, Quartex Praha is not obliged to inform the notifier of the result of its investigation or the measures taken.
(5) If Quartex Praha becomes aware in any way of a disruption of the Application by uploaded content, it shall, at its own discretion, disable access to or remove such content. In such case, Quartex Praha shall not be liable for any damage or harm caused to the Visitor or the Customer by disabling access to or removing defective content uploaded to the Application of such Visitor or Customer.
Article IX. Personal Data Protection
(1) Quartex Praha is the controller of personal data pursuant to Act No. 110/2019 Coll., on the Processing of Personal Data, as amended (hereinafter referred to as the “Personal Data Processing Act”), and within the meaning of the General Data Protection Regulation (GDPR), i.e. Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter referred to as the “GDPR”), hereby informs in particular Visitors and Customers (natural persons) (hereinafter collectively referred to as the “data subject”) of the following basic rules for the processing of personal data:
a) Quartex Praha processes personal data provided by the data subject during registration (i.e., for example, first name and surname, academic titles, residence or place of business, date of birth, contact details and, depending on the nature of the matter, business name, company identification number, tax identification number). Quartex Praha may also collect records of mutual communication (telephone calls or written correspondence). If permitted by the settings of the data subject’s internet browser, the company may also obtain and process additional personal data. The company may also process personal data obtained from public sources, i.e. publicly accessible sources, in particular those operated by state authorities or their organizations.
b) Quartex Praha processes personal data in accordance with the purpose for which they were obtained, in particular for the duration of the contractual relationship and subsequently for the duration of the statutory limitation period. In other cases, for the period specified in the consent to the processing of personal data, or until the consent to the processing of personal data is withdrawn.
c) The provision of personal data is voluntary. However, without the provision of personal data, a contractual relationship cannot be concluded. In the case of personal data that were not provided within the framework of concluding a contractual relationship, the data subject has the right to withdraw their consent to the processing of personal data free of charge by contacting Quartex Praha at the electronic address info@qinvoice.cz.
d) Quartex Praha primarily processes personal data provided by the data subject during negotiations on the conclusion of a contractual relationship or during its performance, and further from public sources as stated above. On the basis of the data subject’s specific consent or the permission settings of the internet browsers used, the company may also process personal data from these sources.
e) Quartex Praha processes personal data for the purpose of concluding a contractual relationship, its performance, the protection of its rights and legally protected interests, and for its marketing activities.
f) Method of personal data protection. Personal data are under continuous legal, physical, electronic and procedural control, and Quartex Praha has all current technical, hardware, software, control and security measures ensuring the highest level of protection of personal data against unauthorized processing or their damage, loss or destruction. All persons who come into contact with personal data are either subject to a statutory duty of confidentiality or have contractually undertaken to maintain confidentiality.
g) Provision of personal data by Quartex Praha. Quartex Praha primarily processes personal data through its employees. Personal data may also be provided to administrative authorities upon their request in accordance with generally binding legal regulations. The company may also provide personal data to certain service providers (processors), but always on the basis of a concluded contract obliging the processor to the same or a higher level of personal data protection as provided by the company. Processors of personal data are primarily IT service providers, accountants and tax advisors, law firms and, where applicable, marketing service providers. With the consent of the data subject, personal data may also be provided to other specific entities.
h) Rights of the data subject. In cases where Quartex Praha processes personal data solely on the basis of consent, the data subject has the right to withdraw such consent at any time (see info@qinvoice.cz).
(2) The data subject has the right to contact Quartex Praha (see, for example, info@qinvoice.cz) if they believe that Quartex Praha has violated their rights in connection with the processing of personal data. Each submission by the data subject will be processed and assessed, and the data subject will be informed of the result of the investigation in the manner in which Quartex Praha was contacted. Any objection concerning the processing of personal data for marketing purposes will always be complied with.
(3) In connection with the processing of personal data, the data subject is entitled in particular to the following rights:
a) the right to information about the processing carried out,
b) the right of access to processed personal data,
c) the right to rectification or erasure of personal data,
d) the right to restriction of processing of personal data,
e) the right to data portability,
f) the right to object to processing, and
g) the right to lodge a complaint with the supervisory authority, which is the Office for Personal Data Protection (www.uoou.cz).
(4) Other rights and obligations related to personal data are set out in the Act, the Regulation and also in certain other generally binding legal regulations.
(5) Use of contact details. The provided contact details (telephone, e-mail) may be used by Quartex Praha for the purpose of sending commercial communications relating exclusively to Quartex Praha services. The data subject has the right to refuse the sending of commercial communications at any time free of charge via a link included in the commercial communication or by sending a message to the e-mail address info@qinvoice.cz. Notice: not every message in the form of bulk correspondence sent by Quartex Praha to the data subject constitutes a commercial communication. If it is necessary to communicate the same information to a larger number of data subjects within the framework of a contractual relationship or in fulfilling Quartex Praha obligations towards data subjects, Quartex Praha may use bulk correspondence. Information of this nature will therefore be sent even if the Visitor or Customer has prohibited the sending of commercial communications, for the duration of the contractual relationship.
(6) Information on the principles and rules of personal data processing. In addition to this information notice, the data subject is always informed within the contractual documentation and each time Quartex Praha provides another personal data item not previously recorded.
(7) Exercise of state supervision over personal data. As stated above, the Office for Personal Data Protection is entrusted with the exercise of state supervision over personal data, where information on the handling of personal data can be obtained, and in the event of disagreement with the resolution of an objection by the company within the framework of personal data processing, the data subject has the right to address this authority with their complaint (www.uoou.cz).
Article X. Confidentiality
(1) The contracting parties undertake to maintain confidentiality regarding all confidential information that they disclose to each other in connection with registration, use of the Application, or negotiations concerning the conclusion of a contractual relationship. Confidential information shall include, in particular, all business, technical, financial, and operational information, know-how, price offers, information about customers, suppliers, data, and any other information that is not publicly available.
(2) The obligation of confidentiality shall also apply to information disclosed prior to the establishment of the contractual relationship and shall remain in effect for the entire duration of the contractual relationship as well as after its termination, without any time limitation, unless otherwise stipulated by applicable legal regulations.
(3) The contracting parties undertake not to disclose confidential information to third parties, nor to use it for any purpose other than the performance of the contractual relationship or the use of the Application. An exception shall apply in cases where the disclosure of confidential information is necessary for the performance of the contract through employees or contractual partners who are bound by a confidentiality obligation to the same extent.
(4) A breach of the confidentiality obligation shall not be deemed to occur where the disclosed information was publicly known at the time of its disclosure, or became publicly known otherwise than through a breach of this obligation, or where such information must be disclosed pursuant to legal regulations or a decision of a competent authority..
(5) By registering and creating an account, the User confirms that they have familiarized themselves with this provision and undertake to comply with it.
Article XI. Final Provisions
(1) These Terms and Conditions and the Agreements arising therefrom are governed by the legal order of the Czech Republic, in particular by Act No. 89/2012 Coll., the Civil Code, as amended.
(2) All amendments and supplements to the Terms and Conditions are published by Quartex Praha on its website. Amendments to the Terms and Conditions become effective for the contractual relationship between the Visitor/Customer on the one hand and Quartex Praha on the other hand on the thirtieth day after their publication on the Quartex Praha website. In the event that the Terms and Conditions are sent by Quartex Praha to the Customer, they become effective between them on the thirtieth day from the date of delivery; if the Customer does not agree with these new Terms and Conditions, the Customer has the right to terminate the Agreement with a notice period of 7 days commencing on the date of delivery of such notice. During the notice period, the original Terms and Conditions remain effective.
(3) The Parties have agreed that the injured party is entitled to compensation for damages even if a contractual penalty has been agreed, and these two claims exist alongside each other. Payment of the contractual penalty does not extinguish the obligation to compensate for damages.
(4) Default. Unless otherwise stipulated above, the Parties have agreed on default interest in the event of default with a monetary obligation in the amount of 0.1% of the outstanding amount for each commenced day of default..
(5) The Parties expressly agree that failure to exercise a certain right or failure to assert a certain claim by the entitled party for any period of time does not in any way constitute a waiver or forgiveness of such right or claim, and the entitled party has the right to exercise such right or assert such claim at any time in accordance with generally binding legal regulations and this Agreement.
(6) The Parties expressly agree that none of their actions or omissions, even if lasting for any period of time, creates a commercial custom between them or amends the provisions of this Agreement, regardless of whether such action or omission is expressly stated in this Agreement or not.
(7) These Terms and Conditions and the Agreement contain the complete legal arrangement between the Parties. The Parties exclude the application of dispositive provisions of legal regulations that are not governed by these Terms and Conditions and the Agreement. If these Terms and Conditions or the Agreement do not contain a provision that would otherwise be contained in a legal regulation, the Parties hereby unequivocally declare that their will was to omit such content of legal regulations for their relationship, provided it concerns dispositive provisions of legal regulations.
(8) Any dispute arising from the Agreement, in connection with it, or its termination shall be decided by the competent court of the Czech Republic having subject-matter and territorial jurisdiction.
(9) If the Agreement (and possibly also the Terms and Conditions) is drawn up in a language other than Czech in addition to the Czech language, only and exclusively the Czech language version shall be legally binding, while the other language version serves solely for understanding the content of the agreement by a third person unfamiliar with the Czech language.
(10) The Terms and Conditions and the Agreement are binding also upon the legal successors of either or both Parties.
(11) By registering, creating an Account and concluding the Agreement, the Customer accepts these Terms and Conditions.
(12) The User / Customer is not entitled to assign their claim against Quartex Praha to a third party, nor is the User / Customer entitled to set off their claim against a claim of Quartex Praha.
(13) Neither Quartex Praha nor the contractual relationship between Quartex Praha and the Visitor / Customer is bound by any legal rules of the Visitor / Customer, such as their general terms and conditions, codes of ethics or similar.
(14) The Customer grants Quartex Praha explicit consent to use the Customer’s business name and logo as a reference in Quartex Praha materials. The consent applies to the website, case studies, presentations, printed materials and social media profiles. Quartex Praha shall ensure proper use of the designation and, upon request, shall provide a preview prior to publication. The Customer may withdraw the consent at any time by notification sent to the e-mail address info@quartex.cz. Withdrawal does not affect references already published.
(15) Each Party shall bear its own costs related to the conclusion of the Agreement.
(16) The Visitor / Customer has read these Terms and Conditions prior to using the Application and agrees with their content and compliance therewith.
(17) Upon the Customer’s request, the Agreement including the Terms and Conditions shall be sent to the Customer electronically to their e-mail address.
(18) These Terms and Conditions enter into force and effect on 2 January 2025.