TERMS AND CONDITIONS OF THE LEADSPICKER ONLINE SERVICE

I. Preamble

  1. These terms and conditions specify rights and obligations within providing and using of online services through online form of Leadspicker platform, provided by the company WEB Project, s.r.o., ID No.: 28596935, registered seat at Dlouhá 730/35, Staré Město, 110 00 Praha 1, the Czech Republic, incorporated in the Commercial Register maintained by the Municipal Court in Ostrava, section C, file 44123 (hereinafter referred to as the “contractor“).

  2. The contractor is providing services specified in Art. II. of these terms and conditions to third parties who are demanding online services defined in Art. II. of these terms and conditions, provided through webpages leadspicker.com and aplicationform.io (hereafter as the „client“). For purposes of these terms and conditions a client means a start-up, i.e. newly emerged or emerging entrepreneurial body, innovation oriented, interested in further development of its business activities through business accelerators or incubators, and also in participating in events, competitions, trade shows and other activities organized by the third parties for start-ups, or is interested in linking with investors or other organizations that provide grants, subsidies and other means of funding to start-ups, as well as linking with providers of other services that are essential or useful for further development or operation of start-ups. A client is usually an entrepreneurial body.

  3. These terms and conditions are integral part of the contract on provision of online services, concluded between the contractor and clients through contractor’s platform located on webpages leadspicker.com and aplicationform.io (hereinafter only as the “Contract”). The Contract and its individual provisions are specified in Art. III. of these terms and conditions. Application of other contractual or legal provisions that are not a part of these terms and conditions is excluded.

II. Provided Services

  1. Under the terms and conditions stated herein, the contractor, using its online form, is incorporating clients into database of start-ups that shall be linked with business accelerators, incubators and third parties that organize events, competitions, trade shows or other activities for start-ups, and also with investors or other organizations that provide grants, subsidies or other means of funding to start-ups, as well as linking with providers of services that are essential or useful for further development or operation of start-ups. The contractor undertakes to inform clients during the term of the Contract on possibilities to participate in programs of business accelerators and incubators and other events, competitions, trade shows or similar activities focused on development and innovations for start-ups, or even on possibilities of funding their activities, especially using grants and subsidies, as well as on other services related to development and further operation of start-ups and providers of such services, all above with respect to identified needs of start-ups in actual phase of their development.

  2. The contractor undertakes to provide services specified in Art. II. Sec. 1 continually and according to available market possibilities. The contractor does not guarantee any number of contacts between clients and accelerator or incubators, nor participation of clients in any number of events, competitions, trade shows or other activities for start-ups, nor any number of contacts with investors or other organizations that provide grants, subsidies or other means of funding to start-ups, nor any number of connections with providers of services that are essential or useful for further development or operation of start-ups.

  3. The contractor undertakes to inform clients on possible contacts between clients and the third parties and events according to Art. II. Sec. 1 via e-mail address of the client stated in the online form or alternatively also via contact form on client’s webpage. Obligations of the contractor pursuant to these terms and conditions are fulfilled by informing the client according to this section. The contractor is entitled to modify means of providing of online services without consent of the client. Such modifications shall not lead to significant reduction of the extent of provided services.

III. Contract

  1. By filling out and posting of the online form on webpages leadspicker.com or aplicationform.io, the client accepts the offer of the contractor for provision of services specified in Art. II. under the terms and conditions specified herein. The contract with the client is concluded since the receipt of the confirmation e-mail from the contractor. The confirmation of duly processing the form and thus conclusion of the Contract shall be send to the client via e-mail stated by the client within the online form. The right of the contractor not to conclude the Contract with a specific client is reserved. The contractor is entitled to modify the online form, including its settings and functionality, without consent of the client. Such modifications cannot lead to significant reduction of the extent of provided services.

  2. By filling out and posting of the online form the client expressly accepts entire terms and conditions herein and agrees with provisions of these terms and conditions. The client hereby undertakes to adhere to all provisions of these terms and conditions. In case the client is a legal person, the representative of such client declares his authority to accept these terms and conditions and conclude the Contract on behalf of the client.

  3. The contractor is obligated to provide services according to Art. II. of these terms and conditions based on the Contract. Services provided to clients by the contractor based on the Contract are free of charge.

  4. The client is entitled to be included into the contractor’s database of start-ups based on the Contract. The contractor is providing information regarding these start-ups, provided by clients within the online form, to the third parties in order to link clients with accelerators, incubators and third parties that organize events, competitions, trade shows or other activities for start-ups, and also with investors or other organizations that provide grants, subsidies or other means of funding to start-ups, as well as with providers of services that are essential or useful for further development or operation of start-ups.

  5. The client hereby expressly agrees with processing of data entered into the online form via webpages leadspicker.com and aplicationform.io and providing such data to the third parties pursuant to Art. III. Sec. 4 for purposes of fulfilling the Contract and also to other parties for purposes beyond fulfilling of the Contract; this includes also confidential information or trade secrets of the client that were included into the online form. This provision does not affect personal data protection pursuant to Art. III. Sec 6 and Art. V. of these terms and conditions.

  6. In order to conclude the Contract, the client is required to enter all mandatory information into the online form and to acknowledge that he agrees with these terms and conditions and that he is acquainted with them by ticking off the following check box on the webpage just before posting the online form: „I am acquainted with and I hereby accept the Terms and Conditions of the Leadspicker Online Service.“ The client is also required to acknowledge that he is acquainted with information on personal data protection by ticking off the following check box within the webpage interface: „I have acquainted myself with information on personal data protection.“ The client may also provide a consent to the processing of personal data of data subjects beyond the extent necessary for fulfilment of the Contract to the contractor by ticking off the following check box within the webpage interface: „I hereby agree with processing of my personal data.“ These terms and conditions, information on personal data protection and the consent to the processing of personal data are available on webpage of the contractor leadspicker.com. The client shall also receive these documents via e-mail in form of an attached document.

  7. The contractor shall create user’s account to every client upon conclusion of the Contract. User’s account shall be accessible from webpages leadspicker.com and aplicationform.io and can be used in order to manage data stated in the online form, change user’s settings and also preferences regarding provided services pursuant to the Contract. Authorization information shall be included in the confirmation e-mail sent to the client upon posting of the online form. Access to the user’s account is secured by the user’s ID and a password. The client is obligated to hold the authorization information to access user’s account confidential.

  8. The client is obligated to enter valid and correct information within the online form. The client is obligated to update information stated in the online form using his user’s account upon every change. Information provided by the client is considered by the contractor to be valid and correct. The contractor is not liable for consequences of provision of invalid or incorrect information by the client. Before the posting of the online form the client is enabled to check and modify information entered into the form. Each client is entitled to post only one online form and therefore to enter only one Contract with the contractor.

  9. By posting of the online form the client acknowledges that the Contract has been concluded comprehensibly and clearly in accordance with their solemn and unrestricted will, not under any duress or conspicuously disadvantageous conditions.

  10. The Contract is not an agency agreement, agreement on commission, business representation agreement or license agreement, nor a contract for work. The contractor does not become a representative or an agent of the client based on the Contract. Application of legal provisions regarding aforementioned types of agreements is excluded.

  11. The contractor undertakes to provide services according to Art. II. of these terms and conditions with due professional care. The contractor is not liable for any flaws within the data transfer or any other flaws caused by vis maior.

  12. The client agrees with use of distance communication tools in order to conclude the Contract. The client’s costs incurred in connection with use of distance communication tools in order to conclude the Contract shall be covered by the client. These costs shall not differ from regular costs of distance communication.

  13. Contracts are concluded in Czech or in English.

IV. Termination of the Contract

  1. The Contract is concluded for an indeterminate period of time, without stating the minimum duration.

  2. The Contract can be terminated by a notice delivered to the other contracting party with the notice period of three months commencing on the first day of the month following after the delivery of the notice.

  3. The Contract can be terminated by a withdrawal delivered to the other contracting party in case the other contracting party is in material breach of the Contract, especially in case of any breach of these terms and conditions. The contractor is entitled to withdraw from the Contract also without stating a reason.

V. Personal Data Protection and Processing

  1. For purposes of distinguishability the client is informed on all matters regarding personal data protection through a separate document. The client has been introduced to such information prior to posting the online form.

  2. The client expressly agrees with use of the personal data for purposes of conclusion and fulfilment of the Contract pursuant to information on personal data protection.

VI. Liability

  1. The contractor is not liable for any damage or harm caused to the client in connection with contacts made with the third parties, participation of the client within events for start-ups or in any other way incurred in relation to provision of services by the contactor according to the Contract and these terms and conditions.

  2. The client undertakes to adhere to these terms and conditions and relevant legislation while making use of the contractor’s services. The client hereby declares that no rights of the third parties will be violated by using the contractor’s services pursuant to these terms and conditions.

VII. Consumer Information

  1. Art. VII. of these terms and conditions specifies rights of consumers and therefore this article only applies to clients who are concluding the Contract with the contractor as natural persons outside of their entrepreneurial activities or exercise of their independent professions.

  2. According to this article the client has the right to withdraw from the Contract without stating a reason within 14 days since the delivery of the first information according to Art. II. of these terms and conditions from the contractor.

  3. In order to withdraw from the Contract pursuant to Art. VII. Sec. 2 the client shall send the contractor filled in form of notice on termination that is the attachment of these terms and conditions to the address of the contractor stated therein. The contractor is obligated to confirm receipt of the form without delay via e-mail.

  4. In case the client withdraws from the Contract already exchanges fulfilment is non- refundable. The contractor does not receive any payments from the clients according to the Contract; therefore there are no refunds to clients. The client shall be relieved from any payments to the contractor in case of withdrawal.

  5. The client according to this article expressly agrees that the contractor shall provide its services to the client even during the notice period.

  6. In case of dispute between the client (consumer) and the contractor, the consumer can make use of alternative, out of court dispute resolution. In such case the consumer may contact the respective body to provide out of court dispute resolution, which is in the Czech Republic Česká obchodní inspekce (http://www.coi.cz) and he shall proceed according to rules therein. More information on out of court dispute resolution can be found on webpage of České obchodní inspekce. To commence an alternative dispute resolution the consumer may use online form on https://webgate.ec.europa.eu/odr/.

VIII. Closing statements

  1. These terms and conditions come into force and effect on May 25th, 2018. These terms and conditions are available at the office of the contractor and on webpages leadspicker.com and aplicationform.io.

  2. All correspondence related to the Contract shall be delivered to the other contracting party via e-mail unless agreed otherwise. The address of the client for purposes of correspondence is stated in the online form and the address of the contractor is info@leadspicker.com. Documents sent to a client are considered delivered on the third day after sending.

  3. The contractor is entitled to modify and amend these terms and conditions even without the consent of clients. Modifications or amendments come into force on the day of announcement on webpages leadspicker.com and aplicationform.io. This provision does not affect rights and obligations of clients emerged during the term of effect of the previous version of these terms and conditions.

  4. In case that any provision of these terms and conditions proves itself null and void it does not affect the validity of the rest of these terms and conditions.

  5. These terms and conditions are governed and shall be interpreted in accordance with the legislation of the Czech Republic and any disputes arising from these terms and conditions and in relation thereto shall be finally settled in District Court in Prague 1 (Obvodní soud pro Prahu 1) in the Czech Republic