General Terms and Conditions of the Usage of the Enectiva Application
executed according to the §273 par.1 of the Commercial Code, as subsequently amended (hereinafter referred to as „Terms and Conditions“)
1.1.The Terms and Conditions regulate the contractual relationship between Enerfis, s.r.o., based in Drtinova 557/10, 150 00 Prague 5, CRN (IČ): 241260202, listed in the business register administered by Municipal Court in Prague under the registration number C 184207 (hereinafter referred to as „Contractor“ ) and a natural or legal person using the services of the Contractor (hereinafter referred to as the „Client“) regarding the usage of the Enectiva online application.
1.2.What is meant by the services is the service of energy management and metering, in particular the usage of the Enectiva energy information system encompassing the trial version as well as the full, paid version of usage.
1.3.These terms and conditions are to be followed by any user of the Enectiva energy information system since the time they are granted access through a user account. The terms listed in article number 4 are not affected by this regulation.
2.The Rights and the Duties of the Contracting Parties
2.1.The Client is obliged to use the services in agreement with these conditions; particularly, the Client may not provide a third party with information that could damage the interests of the Contractor or the Contractor´s copyright. The service can only serve the Client and their needs.
2.2.The Client agrees that they reimburse any damage caused by their not following these terms and conditions. The damage consists of the actual, real damage and of lost profits as well.
2.3.The Contractor is obliged to provide the Client with the service ordered during the duration of the contract, unless otherwise provided. The Contractor is also obliged to provide the Client with a tax document.
2.4.The Enerfis, s.r.o. company guarantees that the quality of the provided service remain the same within the time of its usage.
2.5.The Contractor provides services on the level of knowledge and care that is adequate in this business sector.
2.6.The Contractor does not bear responsibility for any lost earnings, taking or data losses, financial losses, or direct or indirect, especial, consequent, or exemplary damages, and compensations of sanction function that are caused by unqualified usage of the Enectiva system.
2.7.Accountability of the Enerfis, s.r.o. company for any claim raised on the basis of these terms and conditions, including all the guarantees arranged for in the law, may never exceed
the amount of money the Client paid for the provision of the service. The Enerfis, s.r.o. company never bears responsibility for any damage or losses that may not be adequately anticipated.
3.Protection of the Contractor´s
3.1.Technical documentation and all other technical information concerning the Enectiva application provided to the Client within the provision of the service remain the property of the Contractor and may not be used for any other purpose than installation, launching, or operation of the service. Also, this information may not be copied, reproduced, or transferred, nor can any third party be acquainted with the information without prior consent of the Contractor.
3.2.Both the Client and the Contractor are obliged to mutually respect each other´s know- how, patents, trademarks, and any other similar rights.
3.3.The Enerfis, s.r.o. company grants the Client with personal and exclusive licence to use the software the Enerfis, s.r.o. company provides as a part of its services. The exlusive function of this licence is to enable the Client to use the services and to benefit from them in a way permitted in these terms and conditions. The Client may not copy, change, distribute, sell, or lease any parts of the Contractor´s service or software provided with the service, nor may the Client perform reverse analysis of the source code (i.e. reverse engineering) of such software or attempt to extract the source code. The only exception to this rule is a case when these bans are in contradiction with legal regulations or when the Client has a written consent of the Enerfis, s.r.o. company.
3.4.The Enectiva energy information system application is subject of the Czech legal system. The usage of the application is reserved exclusively to the Contractor and it is protected according to copyright laws.
3.5.The Client may not use the application in a different way than as stipulated in these terms and conditions. Also, the Client may not provide any information about the application to a third party.
3.6.The Client undertakes not to copy the Enectiva energy information system application or its parts, or to use particular methods used in the application for the development or realization of the Client´s own operation of energy management, or to provide this information to a third party that realizes or develops software solutions of energy management.
3.7.The Client is aware that by purchasing the services offered by the Contractor, the Client does not become entitled to use registered trademarks, trade names, logos, or patents of the seller of of other companies, unless otherwise provided by an exclusive contract.
3.8.The obligations included in articles 3.1., 3.2., 3.3., 3.4., 3.5., 3.6., 3.7. apply since the creation of an account through which the Client may access the Enectiva application. The Client must follow the obligations throughout the duration of the contractual relationship.
4.1.The Client undertakes to pay the purchase price of the services ordered according to the invoice that was issued in his name. At the same time, the Contractor undertakes to provide
the subject of provision, i.e. the services of energy management and metering within the Enectiva application.
4.2.It is possible to execute a cashless payment to the account of the company.
4.3.The Client may choose from three variants of duration of the provided services.
4.3.1.The „Free Trial“ variant is
4.3.2.The „Monthly Payment“ variant means that the Client is obliged to pay for the services in monthly payments according to the price list stated on webpage www.enerfis.cz. In case of a serious delay in payments (i.e. the Client does not settle the payment even after three notices), the Contractor reserves the right to terminate the contract immediately. In case the Client terminates the contract, the Client is obliged to inform the Contractor 60 days ahead.
4.3.3.The „Yearly Payment“ variant means that the Client is obliged to pay for
5.Payment Due Date
5.1.Current customers will be issued an invoice for the provided service with the payment due date 10 days after the date of issuance. In case of delay, the access to the Enectiva application will be automatically suspended. If the payment is not settled within 30 days after the issuance of the document, the Contractor has a right to cancel the Client´s access to the services of the application.
6.Withdrawing from the Contract
6.1.It is possible to terminate the contract by a written withdrawal request, but only for the following reasons:
6.2.The Client may withdraw from the contract in case the Contractor does not (unwarrantedly) provide the services in the duration longer than 30 days.
6.3.The Contractor may withdraw from the contract immediately if:
•the Client does not settle any kind of payment, though the Client has been notified about it
•the Contractor provided untrue information or if the Contractor included fallacious information that serves as a condition for the conclusion of the contract in the contract.
•the Contractor does not provide sufficient cooperation in accordance with the terms stipulated in the contract.
•the subject of the contract is not performed for the duration of more than 30 days due to reasons of technical nature on the part of the Contractor and if the Client does not agree on different settlement with the Contractor.
6.4. In case of withdrawal from the contract, the Client will be immediately disconnected from the services of the Enectiva energy information system.
7.1.In order to be able to conclude a contract with the Client, the Contractor needs to know personal data of the Client required by the law: name and surname, date of birth, place of birth, residence. In case of a legal person, these data are: the title of the company, address, IČ and DIČ (i.e. Company Registration Number).
7.2.If any of the personal data or other information included in the contract change, it is necessary that the Client informs the Contractor in a written form within 7 days after the change occurred.
7.3.The database of the Enerfis, s.r.o. company includes personal data, operational data, and localization data of all of its Clients. By signing the contract, the Client agrees with processing of the data that concern the Client included in the contract.
7.4.The Contractor processes the Client´s data only for a duration of time necessary to meet the objectives of the contract. The maximum length of time the Contractor may process the Client´s data is within the duration of the contract, or within the complete settlements of rights and requirements following from the contract, or within the duration stipulated by corresponding legal regulations or in agreement with those regulations.
7.5.The Contractor uses all the information from the Enectiva energy information system only for the purposes of this system. The Contractor may not provide the information to a third party or use it for other purposes than those agreed on with the Client in the contract. All information of the Client is protected even after the termination of the contractual relationship.
7.7.In terms of customer service and service improvement, the Client agrees that within the duration of the contract, the Contractor may use the Client´s data for marketing purposes. The Client maintains the right to retract this agreement at any time.
7.8.If the Client becomes the debtor of the Contractor, the Contractor is entitled to provide the information about this fact to a corresponding registry of debtors. No agreement of the Client is needed.
7.10.The Client is also entitled to demand rectification of the defective state and to maintain the right to turn to the Office for Personal Data Protection.
8.Changes of the Terms
8.1The Enerfis company may change the General Terms and Conditions. If such a change takes place, the Enerfis company states the new version of the Terms and Conditions on its webpage. You will be acquainted with the new version of the additional terms and
conditions in terms by means of the affected product or by means of the service.
8.2The Client agrees with and acknowledges the fact that if the Client continues to use the service even after the date the changes in Terms and Conditions occurred, the Enerfis company will consider it as the Client´s agreement with the revised version of the Terms and Conditions.
9.Law and Jurisdiction
9.1.The contract is subjected to the Czech legal code, especially to the Law no.
513/1991 Sb., Commercial Code, and Law no. 121/2000 Sb., concerning the copyright law.