I. Introductory provisions

1. CLOUD 150 s.r.o., Company ID No. 27712591, VAT ID No. CZ27712591, with its registered office at Týnská 633/12, Staré Město, 110 00 Praha 1, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 396783 (hereinafter the “Provider”), in accordance with these General Terms and Conditions (hereinafter the “Terms”), in addition to providing its own services, also arranges for its customers, on the basis of a legal relationship with Third Parties, the Services of such Third Parties.

2. Unless otherwise agreed in writing between the Customer and the Provider, the relationship between them shall be governed by these Terms.

3. The Terms apply to services provided directly by the Provider as well as to the arranging of Third-Party Services by the Provider. The conditions of use of Third-Party Services arise from the legal relationship between the Customer and the Third Party operating or providing the relevant Service.

II. Interpretation

Unless expressly provided otherwise in these Terms, the following definitions of terms (in addition to the terms Provider and Terms defined above) shall be binding for the interpretation of these Terms:

1. Customer. The Customer is a user of Third-Party Services or a user of the Provider's Services.

2. Third Party. A Third Party is any person other than the Provider and the Customer.

3. Contracting Party. The Contracting Parties are the Provider and the Customer.

4. Third-Party Services. Third-Party Services are services provided by Third Parties which the Provider arranges for the Customer on the basis of a legal relationship with the Third Party concerned.

5. Provider's Services. The Provider's Services are services operated and provided directly (i.e. not as an intermediary) by the Provider.

6. Use of the Services. Use of the Services means all activities of the Customer directly related to Third-Party Services or the Provider's Services.

7. Contract. The Contract means a contract concluded between the Provider and the Customer, the subject matter of which is the arranging of Third-Party Services or the provision of the Provider's Services to the Customer.

8. Third-Party Terms. Third-Party Terms are the terms which, as agreed between the Customer and the Third Party, govern the legal relationship between the Customer and the Third Party arising from the provision of Third-Party Services (operated and provided by that Third Party) to the Customer.

The terms of the third party Google Ireland Limited provided to customers in the EU can be found at https://policies.google.com/terms.

The service availability guarantee (SLA) and the conditions for customers can be found at https://gsuite.google.com/terms/partner_sla.html.

The data protection policy can be found at https://policies.google.com/privacy.

9. Personal Data. Personal Data means personal data or sensitive data within the meaning of Section 4(a) and (b) of Act No. 101/2000 Coll., on the Protection of Personal Data and on Amendments to Certain Acts, as amended.

10. Provider's Website. The Provider's Website means the domain www.cloud150.cz.

III. Basic obligations of the Contracting Parties

The Provider undertakes to arrange for the Customer access to Third-Party Services or to provide the Customer with the Provider's Services to the extent of the Contract, and the Customer undertakes in return to pay the Provider the fees under the relevant Contract.

IV. Conclusion and duration of Contracts, suspension of Services

1. A Contract is concluded in the following ways:

a) by the signature of the Provider and the Customer on the Contract in paper form;

b) by the Provider's acceptance of the Customer's order, where both the order and the acceptance are made via the internet;

c) by the Customer's acceptance of the Provider's offer, where the offer is published on the Provider's Website and where the Customer accepts that offer via the internet.

d) by signing the order electronically in the iSmlouva system

2. A Contract takes effect as soon as it has been concluded. Unless otherwise agreed, a Contract is concluded for an indefinite period.

3. A Contract may be terminated by notice in the same manner in which a Contract may be concluded, only as at the end of the specified period, provided that the notice is delivered to the Contracting Party no later than 15 days before the expiry of the relevant period. Unless otherwise agreed, the relevant period is a calendar month.

4. The Provider may withdraw from the Contract if the Customer is more than 30 days in arrears with payment of the fees for the Services or if the Customer breaches any of its obligations set out in Article V, paragraphs 2, 7 or 8 of the Terms. Withdrawal from the Contract shall not affect the Provider's claims relating to the Provider's Services already provided or to Third-Party Services already arranged.

5. If the Customer is in arrears with payment of the fee for Use of the Services, even by a single day, the Provider is entitled to suspend the Customer's access to Third-Party Services or the Provider's Services. As soon as the Customer pays the fees for Use of the Services, including all accessories thereto, the Provider shall restore the Customer's access to Third-Party Services or the Provider's Services.

V. Conditions of Use of the Services

1. The Provider is neither the operator nor the direct provider of the Third-Party Services themselves, but merely arranges these Third-Party Services for the Customer. The conditions of use of Third-Party Services and other related rights and obligations are set out in the Third-Party Terms.

2. By concluding a Contract with the Provider, the Customer undertakes also to comply with the Third-Party Terms, provided that these are in accordance with the legal order governing the legal relationship between the Customer and the Third Party. The Provider is not liable for any breach by the Customer of the Third-Party Terms or of any provisions of any legal order.

3. The administration and configuration of Third-Party Services shall be carried out by the Customer at its own expense and on its own responsibility, unless it agrees otherwise with the Provider. If the Provider provides the Customer with technical support relating to Third-Party Services, such support shall be deemed to be a Provider's Service. The Customer acknowledges that the Provider is not responsible for the quality and availability of Third-Party Services. The Provider is not responsible for the quality and availability of Third-Party Services.

4. The Provider provides the Provider's Services in its own name, on its own responsibility, to the extent and within the time limit agreed with the Customer.

5. The Provider and the Customer are obliged to provide each other with all cooperation necessary to fulfil the purpose of the Contract. In particular, they are obliged to inform each other without undue delay of all material facts that may affect performance under the Contract, the number of end-user accounts and the technical circumstances relating to access to Third-Party Services or the Provider's Services, where this is possible in view of their nature.

6. The Provider is liable to the Customer for damage up to the amount of the Customer's payments for Third-Party Services or the Provider's Services paid in the last 12 months before the damage occurred.

7. If the Customer discovers that any third person has misused the Customer's identification data or passwords provided or created in connection with the performance of the Contract, the Customer is obliged to notify the Provider of this immediately and to make every effort to prevent damage from occurring.

8. The Customer shall not do anything that would harm Third-Party Services or the Provider's Services, or the networks and servers on which Third-Party Services or the Provider's Services are operated.

VI. Invoicing and payments

1. All fees for Use of the Services are set out in the Contract. The Provider is entitled to request the Customer to pay the fee for Use of the Services by means of an invoice, which may be issued even before the Third-Party Services or the Provider's Services are provided. Fees for Use of the Services are payable within 14 days of the issue of the relevant invoice, unless the Contracting Parties agree otherwise.

2. The Customer shall pay the fees for Use of the Services in the currency agreed in the Contract, as a rule by payment card, by bank transfer or in another manner agreed with the Provider.

3. Payment of all applicable taxes is the responsibility of the Customer, and payments to the Provider for services provided may not be reduced by such amounts.

VII. Protection of personal data and confidential information

1. If, in connection with the performance of the Contract, the Customer hands over any Personal Data to the Provider, the Provider shall protect the Personal Data to the maximum possible extent using modern technologies corresponding to the state of technical development. The Provider declares that it has taken all possible measures to secure these data against unauthorised interference by third persons. However, the Provider bears no liability for any unauthorised interference by third persons as a result of which such persons gain unauthorised access to the Personal Data of the Customer and of individual users or third persons and use, exploit or misuse these data or make them available to third persons. The Customer declares that it is aware of the risks arising for it from the above-mentioned unauthorised interference by Third Parties.

2. If Personal Data are handed over to the Provider in connection with the Contract, the Customer agrees that the Provider is entitled to process, collect and store the Personal Data for the purpose of providing services under the Contract and for statistical purposes. The Customer's consent under the preceding sentence is granted for an indefinite period.

3. The Provider bears no liability for the processing of Personal Data entered into Third-Party Services by the Customer or on its behalf. All processing of Personal Data processed by the Customer through Third-Party Services, where such processing takes place on the basis of the Contract, is governed by the personal data processing terms of the relevant Third Party.

4. The Contracting Parties are obliged to maintain confidentiality in respect of all facts that they learn in connection with the performance of the Contract, regardless of the form in which such information is made available to the other party, where it is designated as confidential by one of the Contracting Parties or where it may be assumed from the law or from the nature of the information that the party which made such information available has an interest in keeping it secret, in particular where one of the Contracting Parties designates the information provided as a trade secret. This protection also extends to information of a commercial nature, such as, in particular, prices, terms of performance, the existence of a contractual relationship between the Provider and the Customer, the content of the Contract itself, and the Provider's marketing or commercial information that is not intended for the public. Conversely, protection is not enjoyed by information which is publicly known at the time it is provided or which has become known without a breach of the duty of confidentiality under the Contract, or which the Provider has passed on to a Third Party for the purpose of fulfilling obligations under the Contract. The obligation to protect classified or confidential information, or information designated as a trade secret, as defined in this paragraph of these Terms, shall survive the termination of the Contract.

VIII. Final provisions

1. By Use of the Services, the Customer agrees to these Terms. The Customer is obliged to acquaint its own customers with these Terms where they use the Services.

2. The Provider undertakes to process the Customer's personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data (hereinafter the “GDPR”) and other related legislation.

3. The Provider is entitled to amend the Terms to a reasonable extent. The Provider shall notify the Customer of an amendment to the Terms by publishing it on the Provider's Website or in another manner agreed between the Contracting Parties. If the Customer does not agree with the amendment to the Terms, the Customer is entitled to reject the amendment and to terminate the Contract by notice in the manner and within the time limit under Article IV, paragraph 3 of the Terms. If the Customer does not give notice that it rejects the amendment to the Terms and does not terminate the Contract in due time under Article IV, paragraph 3 of the Terms, at the latest in the specified period within the meaning of Article IV, paragraph 3 of the Terms following the specified period in which the amendment to the Terms was notified to it, the Customer shall be deemed to agree to the amendment to the Terms.

4. All communication between the Provider and the Customer may be carried out in writing in paper form or by e-mail. Communication by the Provider in relation to one or more Customers may also be carried out by the Provider by publishing a particular notice on the Provider's Website. Where any of the above means of communication is used, the written form shall be deemed to have been observed.

5. These Terms take effect on 1. 1. 2021.