1. The company HEXEMPO, s.r.o., with its registered seat at M.R.Štefánika 873/204, 093 01 Vranov nad Topľou, Slovak Republic, Id. No.: 47 835 672, registered within the Business Register of the District Court Prešov, Section: Sro, Insert No. 30700/P as a Provider of the Website www.hexempo.com has issued these General Business Terms and Conditions (hereinafter only “Terms and Conditions“).
2. In the Website www.hexempo.com the Provider provides the space for presentation of offer and demand for Services under conditions stipulated hereunder.
3. These Terms and Conditions shall apply to all relationships between the Provider and Users of the Website www.hexempo.com, if not stipulated otherwise in special business terms. In case of any discrepancies between the provisions of Terms and Conditions and special business terms, the provisions of special business terms shall prevail.
4. The Provider shall present an intermediary between the supply and demand sides and shall not be responsible for the content of the presented offers, evaluations or for the fulfillment of the obligations of the parties arising from concluded legal relationships (especially but not only for the quality, delivery, payment, etc.).
I. Definitions of Terms
Price List – shall mean a specification of extra Services and their pricing
Password – combination of at least 5 characters consisting of numbers, capital and small letters
Order – shall mean a partial Contract exclusively on certain extra Service
Website – shall mean a web page www.hexempo.com
Competent courts – the Provider and the Users undertake to solve any mutual disputes primarily upon mutual agreement by an out of court settlement. Should no settlement of dispute be achieved despise of best effort of both parties to solve a dispute, courts of Slovak Republic shall be competent to decide these disputes.
Provider – shall mean a company HEXEMPO, s.r.o., with its registered seat at M.R.Štefánika 873/204, 093 01 Vranov nad Topľou, Slovak Republic, Id. No.: 47 835 672, registered within the Business Register of the District Court Prešov, Section: Sro, Insert No. 30700/P.
Applicable law - rights and obligations which are not governed by these Terms and Conditions shall be governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code as amended and other generally binding acts being in force in the territory of the Slovak Republic. Legal relationships shall be governed by the laws of the Slovak Republic, even if the User is not a citizen of the Slovak Republic, is not domiciled or resident in the Slovak Republic and if the service is provided outside the territory of the Slovak Republic.
Services – shall mean Services provided by the Provider on the Website, whereas the type, scope and specification of the Services depends on the current offer of the Provider, the form of User’s registration and the User’s Order of extra Services.
User – shall mean a natural or legal person using any of the Services
Anonymous User – shall mean a User without registration, who has the right to view basic information regarding published Services, without access to contact information
Private User – shall mean a registered User - a natural or legal person who uses the Services exclusively for private use - not within the course of his/her/its business
Business User - shall mean a registered User - a natural or legal person who uses the Services within the course of his/her/its business.
User name – e-mail address of the User
Contract – a contractual relationship between the Provider and the User established upon a registration respectively upon a potential Order.
1. In order to access the Services as a Private User or a Business User a registration of a natural or legal person is required using the electronic registration form. A User enters into Contract with the Provider upon the registration. A registration shall be considered binding.
2. For the purposes of registration a User is obliged to provide all the information in the form indicated as essential, whereas he/she/it declares that this information is true, complete and correct. A User may provide any additional information not indicated in the form as essential upon his/her/its sole resolution; a Provider does not require providing of additional information. Should any of the information be proved as false, incomplete or incorrect, a User shall be liable for any resulting damage.
3. At the time of registration the User is required to specify his/her/its login information - Username and Password, through which he/she/it will be allowed to enter into his/her/its user account. The User undertakes to keep the Username and Password safe and shall be fully liable for any use of his/her/its user account. The Provider shall not be liable for any damage caused by an unauthorized use of User's user account.
4. Upon a registration a User grants his/her/its consent to be evaluated and/or any of his/her/its Service offer.
5. Upon a registration a User grants his/her/its consent to the use of his/her/its contact information for the purposes of communication with other users, and for direct marketing regarding the Services of the Provider.
III. Rules of providing Services
1. Basic Services shall be provided free of charge upon a registration.
2. Basic Services for the Private User shall mean Services, which are not subject to the payment of the price under the Price list, mostly but not limited to:
a) Establishing and publishing of Service offer (goods, curriculum vitae),
b) Viewing the published Service offers including access to contact information,
c) Search through the published Service offers according to specified criteria,
d) Evaluation of Services and / or Users.
3. Basic Services for the Business User shall mean Services, which are not subject to the payment of the price under the Price list, mostly but not limited to:
e) Establishing and publishing of basic entrepreneur’s profile,
f) Viewing the published Service offers including access to contact information / except the Service Curriculum Vitae,
g) Search through the published Service offers according to specified criteria.
4. Extra Services shall be provided for a charge upon a registration, respective Order and payment of the price.
5. Extra Services for the Private User shall mean Services specified in actual Price list, and are subject to the payment of the price.
6. Extra Services for the Business User shall mean Services, which are subject to the payment of the price under the Price list, mostly but not limited to:
h) Establishing and publishing of Service offer even according to its own design,
i) Viewing the published offers of the Service Curriculum Vitae including access to contact information,
j) Publishing of logo,
k) Topping of position of Service offer publishing,
l) Establishing and publishing of entrepreneur’s profile according to its own design
7. A User places an Order via the online form. Sending the order is binding and establishes the User’s obligation to pay the price for Services if not stipulated otherwise under these Terms and Conditions.
8. A User acknowledges that the Service will be activated without undue delay after receiving the advanced payment to the Provider’s account and will only be active for a certain period stipulated in the Price List.
IV. Publishing of Service offer
1. The Provider reserves the right to determine the order in which the Service offer of the User will be published unless agreed topping of order; the User shall not be entitled to make a complaint for such order.
2. The Provider reserves the right to edit text of Service offer without interfering with its essential content if the text contains inappropriate characters (exclamation marks, stars, etc.).
3. The User shall be fully liable for the content of the published information, its truthfulness, completeness and accuracy. In connection with publishing of Service offer the User is entitled to publish image, text, hypertext or other multimedia elements. In case of using elements subject to copyright protection the User shall also be obliged to obtain the consent of respective copyright holders for usage and editing of these works, unless the User is the copyright holder.
4. Any price, wages, rewards, etc. specified in the Service offer must comply with the relevant legislation.
5. The User shall be liable to be authorized to publish respective Service offer.
6. Should any claims be raised against the Provider due to the infringement of any rights of third parties, the User undertakes to satisfy these claims and indemnify the Provider in full extent.
7. It shall be forbidden to disclose information containing the following offer:
a) previously published,
b) of multilevel and affiliate systems,
c) of e-mailing and other unearned incomes,
d) of work with an advance fee,
e) of erotic services and / or devices,
f) of live chat, work companions, dancers, and / or hostesses,
g) of e-books,
h) of medicines and dietary supplements,
i) of cigarettes, e-cigarettes,
j) of bitcoins,
k) of web data storages,
l) of copy of data carriers,
m) of other goods and services the offer of which is forbidden by law.
8. Regardless of the duration of Contract the Service offer shall be published for the period:
n) in accordance with Price List in case of extra Services,
o) of 1 year in case of publishing of offer within Service Curriculum Vitae,
In other cases, the offer will be published services from its provision to the expiry of the Contract, unless otherwise indicated.
9. The User shall be obliged to update the offer throughout the period of publishing.
10. The Provider is entitled not to publish the Service offer or cancel publishing of Service offer (i) in case of breach of these Terms and Conditions, (ii) if the content of the offer may damage the reputation of the Provider or other persons, (iii) in case of violation of generally binding acts.
11. Should the User create a work by establishing a Service offer, the User hereby grants his/her/its consent with publishing of such work.
V. Price and Payment conditions
1. A User acknowledges that the extra Services are being provided for a charge – price.
2. The price shall be paid in the form of advance payment. The Provider shall not beobliged to start with providing of extra Services until the payment of advance payment in full amount.
3. An advance payment is due within 14 days as of placing an Order.
4. Upon a payment of the advance payment in full amount a User grants his/her/its consent to start providing extra Services even before the expiry of term for withdrawal from the Order, whereas the User declares, that he/she has been duly instructed that by granting such consent to start providing Service before the expiry of term for withdrawal from the Order the User loses his/her right to withdraw from the Order.
5. The extent of extra Services which are subject to the payment and the price may be amended throughout the duration of the Contract. Therefore it is important that the User always before placing an Order becomes acknowledged with the Price list, what he/she/it confirms by placing an Order.
6. Validity of new Price list begins as of the day of the publication of the Price list on the Website, if not stated otherwise in the Price list.
7. In order to determine a price the day of placing an Order shall be crucial.
8. The price will be paid via payment gateway or via bank transfer to the bank account of the Provider. Actual payment conditions will be specified in the Website and the User undertakes to comply with them.
9. The Provider will issue an electronic invoice without undue delay after receipt of advance payment, and deliver it to the User via e-mail. The essentials of the invoice shall be governed by Act No. 222/2004 Coll., on Value Added Tax, as amended. If at the time of issuance of the invoice the advance payment is not paid due to any reason, the invoice shall be due within 14 days as of the moment of being sent to the User. The User is entitled to raise any objections towards the invoice in writing within 5 days as of the receipt of invoice.
10. The User is obliged to order an extension of Service (basic and/or extra) well in advance, at least 15 days prior to the termination of the duration of previous Service and to pay for the extension services within the time of duration of previous Service. Otherwise the Provider is not liable for any interruption of providing of Service.
VI. Complaints and suggestions
1. The Provider shall be liable for errors of Service at the time of its provision.
2. A User shall be entitled to file a complaint of error, which occurred on the side of the Provider at the time of provision of Service.
3. A User shall file a complaint not later than 10 days as of the day when a User became aware or may have become aware of the error.
4. An error on the side of the Provider shall mean a malfunctioning of Service, to provision of which a User has been entitled, lasting for a period longer than 24 hours. An error on the side of the Provider shall not be considered a case, if a Service is not available due to planned system maintenance, failure of User’s connection to the internet or due to other factors, for which the Provider shall not be responsible or which are beyond the reach of the Provider.
5. A User shall file a complaint of error in writing by registered mail to the address of registered seat of the Provider, via e-mail: email@example.com or via the online complaint form.
6. The Provider undertakes to handle a reasoned complaint as soon as possible, taking into account the nature of the error and to notify the User about the complaint handling in writing via e-mail. In case of an error, which can be removed, the User is entitled to a timely and due removing of the error. In case of an error, which can not be removed, and such error prevents a proper use of the Service, the User is entitled to withdraw from the Order and/or the Contract.
7. A User shall file a suggestion in writing by registered mail to the address of registered seat of the Provider, via e-mail: firstname.lastname@example.org or via the online contact form.
8. A User hereby also grants his/her consent to sending any and all notices connected to the complaint procedure via electronic means to the e-mail address specified in the complaint under Sec. 5 of this Article, and should no such e-mail address be specified, to the e-mail address specified in the registration form.
VII. Personal Data
1. A User - natural person provides his/her personal data voluntarily and is fully aware that his/her personal data may be made available to third parties in connection with the provision of Services.
2. A User grants consent with processing of his/her personal data by the Provider within the extent of completed registration form and/or order and/or Service offer in order to be provided with the Services. The consent shall be granted for the term of the Contract. Within the granted consent the Provider is also entitled to publish personal data and to personal data cross-border flow.
3. The consent with personal data processing is granted for the purpose to be provided with the Services in accordance with the Contract as well as marketing promotion of the Provider.
4. A User is entitled at any time to recall in writing a consent with processing of personal data.
5. The User declares, that he/she has been fully acquainted with his/her rights of a data subject.
6. Rights and obligations of the User and the Provider in connection with the personal data protection are stipulated in more details in the Conditions of Personal Data Protection which form an inseparable part of this Contract.
VIII. Termination of Contract or Order
1. A Contract is concluded for a period of 5 years as of the registration. The Provider will ask the User at least 3 months before the expiry of this period to extend the duration of the Contract. Should the User fail to extend the duration of the Contract, the Contract will cease to exist upon the expiry of the period including User’s registration.
2. The respective Order is concluded for the period of duration of the relevant extra Service.
3. The Contract or a respective Order between the Provider and the User may be terminated before the expiry of the agreed period as follows:
A. Upon cancellation of registration i.e. of Contract by the User – in such case all the placed Orders cease to exist as well
B. Upon written agreement of the parties
C. Upon withdrawal of the User:
a) from the Contract within the period of 14 days as of the registration i.e. conclusion of the Contract without stating a reason,
b) from the Order within the period of 14 days as of placing an Order without stating a reason,
c) from the Contract within the period 30 days as of effectiveness of amendment of these Terms and Conditions due to an amendment, with which the User does not agree,
d) from the Order due to an error of the Service which may not be removed.
D. Upon withdrawal of the Provider:
a) from the Contract if the User is in a material breach of his/her/its obligations stipulated in these Terms and Conditions or in special business terms; a case of material breach is considered to be mostly but not limited acting of the User in violation of these Terms and Conditions and/or special business terms and/or good morals, the Provider may withdraw only from the relevant Order, if the breach relates only to this Order,
b) from the Contract if the User withdraws the consent to process personal data,
c) from the Contract if the User does not enter into the user account for a period longer than 5 years,
d) from the Order should the User fail to pay the advance payment within a maturity term.
4. A withdrawal shall be filed in writing (e.g. letter sent by post, facsimile or e-mail), and shall contain a clear declaration of the party on the resolution to terminate the Contract or the Order and the reason of withdrawal if required. In case of withdrawal from an Order due to an error which cannot be removed the User shall also state a bank account number in order to refund the price.
5. A User may use a form for withdrawal which constitutes an annex to these Terms and Conditions.
6. The period of the User to withdraw from the Contract or Order shall be maintained if the User sends a withdrawal from the Contract or Order on the last day of the period at the latest.
7. A User declares, that he/she has granted a consent to start providing Service before the expiry of term for withdrawal from the Order and was duly instructed about the consequences of such consent, causing the loss of his/her right to withdraw from the Order.
8. If the Contract or the Order ceases to exist due to no fault of the Provider and without using the Services paid by the User, the User shall not be entitled to a refund of the price. The Provider shall not be liable for incomplete usage of Service.
9. Should the User withdraw from the Order due to an error which cannot be removed, the Provider will refund the price paid within 14 days as of the withdrawal from the Order. The Provider shall not be in default with refund of the price for the period during which the Provider was not notified about the bank account of the User.
IX. Final Provisions
1. The User acknowledges and agrees that all Services provided, including software, documentation, databases, source and object code are the exclusive property of the Provider and are protected in accordance with legal regulations governing copyright and trade secrets. The User undertakes not to copy or modify provided Services, identify program code or other codes used in connection with provided Services.
2. If any provision of these Terms and Conditions becomes invalid or unenforceable, this fact will not render the remaining provisions of these Terms and Conditions invalid or unenforceable, provided that the affected provision can be severed from the Terms and Conditions as a whole. The parties shall make their best effort to replace the provision concerned with a new provision, the content and purpose of which shall come as close as possible to the content and purpose of the invalid or unenforceable provision.
3. The User is obliged to notify the Provider on any change of contact details, in case of breach of this obligation the Provider shall not be liable for any damage caused to the User herewith, and moreover the User may not claim a breach of the provisions of these Terms and Conditions, in connection with which a delivery of any written document is assumed, by the Provider.
4. The Provider reserves the right to amend these Terms and Conditions. To amend these Terms and Conditions no written amendment is required to be executed, the Provider is entitled to amend these The amendment shall come into force on the date stated in the Notification of amendment of Terms and Conditions sent to the User by e-mail to the address specified at the time of registration and shall apply to all Orders and Services placed on this date or any date thereafter.
These Terms and Conditions come into force on 30. july 2014.