Terms and conditions

I. Introduction

The following General Terms and Conditions (hereinafter referred to as „GTC”) regulate the rights and obligations between the service provider and the recipient of the services and are an integral part of the provision of services agreement.
The provider is Lukáš Török - LUMOT, with a place of business Soľ 270, 094 35 Soľ, Slovak republic, Business ID: 54 250 587, registered in the trade register of the Vranov nad Topľou District Office, trade register number: 790-20710 (hereinafter referred to as „provider“).
An interested party is a natural or legal person who is interested in using the provider's services and who has asked the provider to provide services based on an order or has asked the provider to conclude a contract.
A client is a natural or legal person who has concluded a contract with the provider and/or who has confirmed a binding order.
A contract proposal for the purposes of these GTC means the provider's expression of will aimed at concluding a certain contract with the interested party, in particular a contract for work, a license contract, a contract for the provision of services or a cooperation contract. The contract proposal also includes the provider's confirmation of acceptance of the order, including the indication of the proposed price and the deadline for the provision of the ordered services by the provider (hereinafter referred to as the "contract proposal")
An order is a written or electronic document issued by the provider for the purpose of confirming the commitment to implement the preparation of the application according to the client's requirements, containing the requirements according to these GTC, which, under the conditions specified in these GTC, is bindingly confirmed by the client (hereinafter referred to as the "binding order").

II. Orders

The client can order services from the provider, which the provider offers on its website. After prior mutual agreement with the provider, the client can also order other services from the provider.
The client can order services from the provider by e-mail at the address: info@lumot.eu or by filling out the form on the provider's website.
Each order must contain: in the case of a natural person, first and last name, residential address, e-mail address, telephone contact, date of order and a description of the services in which he is interested in providing, including the date of implementation of the services in question, in the case of a legal entity, business name, registered office, invoicing address, ID number, VAT number and VAT number (if the legal entity is a VAT payer), first and last name of the contact person, their e-mail address and telephone contact, date of order and indication of the services in which they are interested in providing, including the date of implementation of the relevant services.
The provider will confirm receipt of the order to the client in writing or by e-mail, no later than 3 working days from the date of delivery of the order, and at the same time inform the client of the proposed price and deadline for providing the ordered services. The provider is entitled at any time after sending the contract proposal to the client to contact the client by phone or e-mail for the purpose of verifying the order or supplementing any required information.
If the interested party agrees with the contract proposal, the interested party is obliged to send this consent to the provider in writing or by e-mail, without undue delay. The order becomes binding for the interested party as soon as the interested party expresses his agreement with the contract proposal. If the interested party does not agree with the contract proposal, he is obliged to notify the provider of this fact in writing or by e-mail. In a given case, it is up to the parties to decide whether they will continue to negotiate the terms of the contract.
On the basis of the binding order, a contractual relationship will be established between the provider and the client, from which the parties to the contract derive mutual rights and obligations. On the basis of the binding order, the client is obliged to pay the price for the ordered services in the amount and term agreed between the parties. The client is entitled to cancel the binding order in writing or by e-mail to the address info@lumot.eu, but must do so no later than 24 hours from the day the order was sent to the provider. After verifying that the conditions for canceling the binding order have been met, the provider will confirm the cancellation of the binding order to the client by e-mail or by phone. In the event that the price or part of it has already been paid by the client for the ordered services, the provider will return the paid amount to the client's bank account or in another way that is mutually agreed upon.
The provider reserves the right to cancel or reject a binding order, in whole or in part, if the provider is unable to provide the ordered service or part of it, in which case the provider will return to the client the amount paid to the client for services that will not be provided to the provider , or offers the client the provision of other services or a different solution, provided that the client agrees. The provider is entitled to cancel the binding order even if he cannot contact the client for reasons on the client's side.
The client is responsible for the truthfulness and correctness of the data provided by him in the order or binding order.
In the case of concluding a contract between the provider and the client in written form, the mutual rights and obligations of the contracting parties will be governed by this contract, these GTC, the provisions of the Commercial Code, the provisions of the Civil Code and other generally binding legal regulations, while in the event that the rights and obligations of the contracting parties parties will be negotiated in the contract differently from these GTC, the provisions of the contract take precedence over these GTC.

III. Conclusion of the contract

By concluding a contract with the provider, the client expresses his agreement to these GTC and is bound by them. In case of different arrangements in the contract or binding order and in these GTC, the contractual arrangements or the arrangements in the binding order take precedence.
The client is obliged to submit all documents to the provider and provide him with all the information that the provider asks for and which is necessary for the conclusion of the contract.
For the purpose of concluding a contract with the client, the provider is entitled to legally verify the veracity of the data provided by the client based on the submission of documents by the client, as well as identification and other data provided by the client. The person acting on behalf of the client or the contact person specified by the client is obliged to prove his identity, as well as the authorization to act on behalf of the client.
The contract concluded between the provider and the client in written form becomes valid and effective on the date of its signature by both contracting parties, unless otherwise stated in the contract. The contract concluded between the provider and the remote client on the basis of a binding order becomes valid and effective on the day the binding order is delivered to the provider.

IV. Term for provision of services

The deadlines for the provision of services are regulated in the contract or binding order.
The provider is entitled to unilaterally extend the term for the provision of services, even repeatedly. The extension of the deadline for the provision of services will be notified to the client immediately, in writing or by e-mail, while in the case of the client's disagreement with the extension of the deadline for the provision of services, the client is entitled to withdraw from the contract or binding order.
A necessary condition for the provision of services by the provider to the contractually agreed scope and quality is the provision of mainly technical and administrative conditions by the client and the provision of cooperation to the provider by the client necessary for the provision of services as well as cooperation that the provider requests from the client.
During the period when the client is in arrears in fulfilling the conditions mentioned in the previous point, the provider is not in arrears in fulfilling its contractual obligations

V. Payments

The provider provides services to the client for the price agreed in the contract or binding order and in accordance with the applicable legal regulations of the Slovak Republic.
The price for the provision of services is indicated with value added tax (hereinafter referred to as "VAT"). The provider is not a VAT payer.
The client makes the payment(s) in Euro, unless otherwise agreed in the contract or binding order between the provider and the client.
In the event that the prices for the provision of services are specified in the price list, the contracting parties may negotiate different prices than those specified in the price list.
The provider issues an invoice to the client for the provision of services, and sends it in electronic form to the client's e-mail address, or by mail to the client's address, which the client specified in the contract or binding order.
The price for the provision of services or any monetary obligation of the client towards the provider is considered to be paid at the moment of crediting the funds to the provider's account.
The provider is entitled to call the client in the event of his delay in paying the due invoice for the provision of services or any other due monetary obligation in the form of a reminder, for which the provider is entitled to charge a fee of EUR 10.
In the event of a delay by the client in paying any due monetary obligation of the client towards the provider, the provider is entitled to pay interest on the delay in the amount of 0.05% of the owed amount for each day of the delay.

VI. Rights and obligations of the provider

The provider is obliged to provide services properly and on time and in the required quality in accordance with the contract or binding order, to present the client with a clear and comprehensible bill of services, to process the personal data of clients in accordance with Part X of these GTC, to provide services in accordance with the contract or binding order, to inform the client about changes that have an impact on the provision of services, to maintain confidentiality about all facts that he learned about the client in connection with the provision of services.
In particular, the provider has the right to pay the price for the provision of services to the client properly and on time, to compensate the damage caused to the provider by the client, to verify the veracity of the data provided by the client based on the presentation of documents by the client and the client's identification data, to issue an advance invoice to the client even before the start of the billing period, mention the client's business name in its promotional and marketing materials, or on the web presentation of its services, and the client, by concluding a contract with the provider, gives the provider consent to use its business name for the stated purposes, to interrupt or limit the provision of services in accordance with Article XII. of these GTC.

VII. Rights and obligations of the client

In particular, the client is obliged to use the provided services exclusively in accordance with the law, the contract and the GTC, to observe the principles of the correct use of services, to observe the principles of good morals and public order, to pay the price for the provision of services properly and on time in accordance with the contract or binding order and these GTC, notify the provider in writing or by e-mail of all changes to contact persons and their contact data and all information that may affect the fulfillment of contractual obligations and, upon the request of the provider, submit a document proving such changes, provide the provider with cooperation necessary for the fulfillment of contractual obligations as well as cooperation, for which the client is requested by the provider, to take all necessary measures to prevent possible misuse of the services provided by third parties.
The client has the right to provide services properly and on time and for the agreed price, to the extent and according to the specifications agreed in the contract or binding order, to remove defects in the provided services free of charge in the case and under the conditions specified in the article of these GTC, to an appropriate discount on the price for providing services in the case and under the conditions specified in Part XI. of these GTC, to terminate the contract in the event and under the conditions specified in Part XIII. of these GTC.

VIII. Privacy policy

For the purposes of these GTC, personal data are, in particular, name, surname, residential address, seat, date of birth, identification number, identification document number, e-mail address and telephone number, IP address. By concluding the contract, the client who is a natural person confirms that he provided personal data to the provider voluntarily and that the personal data provided by him are accurate and true. By sending the order, the interested party, who is a natural person, confirms that he has provided personal data to the provider voluntarily and that the personal data provided by him are accurate and true.
The provider collects, processes, stores and deletes all personal data provided to it by the client or interested party in accordance with the provisions of Act no. 18/2018 of on the protection of personal data and on the amendment of certain laws and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "GDPR").
The provider undertakes to process the personal data of the client or interested party only for the purpose of providing services.
By concluding a contract with the provider, the client and the interested party by sending the order give the provider consent to the processing, collection and storage of his personal data for the purpose of concluding the contract, performing the necessary measures prior to concluding the contract, providing services in accordance with the contract, processing the order of the client or the interested party, communicating with the client or interested parties, related to the provision of services, the fulfillment of contractual and legal obligations, as well as other actions inseparably connected with the services ordered or provided.
The provider is authorized to process personal data beyond the scope or purpose stated in these GTC only a.) on the basis of prior consent provided voluntarily by the client and for a predetermined purpose, scope and time. The client has the right to revoke the consent thus granted at any time in writing. The withdrawal of consent is effective on the day it is delivered to the provider in person, by post or e-mail or b.) an obligation arising from a generally binding legal regulation or a decision of a public authority.
The client or interested party as the person concerned has the right to request from the provider access to personal data concerning the person concerned, the right to correct personal data, the right to delete personal data or the right to limit personal data, the right to object to the processing of personal data, as well as the right to portability of personal data. data.
The provider is entitled to use the personal data provided by the client also for the purposes of its own marketing to the extent of mentioning the client's business name in references, in offer materials, presentations and on its website, based on the client's prior consent.
The provider is obliged to protect the processed personal data against their damage, destruction, loss, change, unauthorized access and access, provision or publication, as well as against any other illegal methods of processing.
The provider is obliged not to provide personal data to third parties, not to use personal data for a purpose other than the agreed upon, not to abuse it for its own benefit or the benefit of a third party, and not to dispose of personal data in violation of this article of the General Terms and Conditions.
The provider is obliged to delete personal data without undue delay after the purpose of their processing or storage has been fulfilled, in particular after the termination of all contractual relations between the client and the provider, after the termination of all the client's obligations to the provider, after all complaints, requests and claims of the client have been dealt with towards the provider, after the expiry of the period during which the provider is obliged to store personal data in accordance with the GDPR.
The client or interested party grants the provider consent to the processing of personal data and the sending of business information for an indefinite period, while this consent can be revoked in writing at any time. The withdrawal of consent is effective on the day it is delivered to the provider in person, by mail or by e-mail.

IX. Confidentiality

The provider, the client and the interested party undertake that they will not misuse and will maintain the confidentiality of all facts, information and data that they have learned in connection with the provision of services based on the contract or order, as well as the content of the contract or order, and will protect this information from their misuse by third parties and at the same time undertake not to make any documentation related to the subject of the contract or order available to a third party, until the information protected under this contract or order becomes publicly accessible in a legally permitted manner. The provider, the client and the interested party, including their employees and/or contractual partners who participate in the fulfillment of the contract or order, may not use this information, facts and data contrary to their purpose, for their own needs or for the needs of third parties contrary to the contract or order and generally binding legal regulations.

X. Indemnities and Limitation of Liability

The provider and the client are responsible for damage caused by the violation of any of their obligations arising from their contractual relationship and from applicable legal regulations. In the event of a breach of one's obligation from a contractual relationship by one party (provider or client), the latter is obliged to compensate the damage caused to the other party (provider or client), unless it proves that the breach of duty was caused by circumstances excluding liability.
Circumstances excluding liability are considered to be an obstacle that occurred independently of the will of the obliged party and prevents it from fulfilling its obligation, if it cannot reasonably be assumed that the obliged party would have averted or overcome this obstacle or its consequences, and further, that at the time the obligation arose anticipated this obstacle (e.g. war, fire, flood, earthquake, strike, power outage, decision of a public administration body, etc.). Liability is not excluded by an obstacle that arose only at the time when the obligated party was in delay in fulfilling its obligation, or arose from its economic circumstances. The effects excluding liability are limited only for the duration of the obstacle with which these effects are associated.
The provider is liable for damage to the client caused by the violation of its obligation to provide services in the scope, standard and quality according to the contract and the obligation to properly and timely remove the claimed defects only in the event that the provider is at fault for the violation of its obligation, in which case the provider is obliged to compensate the client for the resulting damage maximum up to the amount of the price of the service, which the provider is entitled to bill the client under the contract for the calendar month in which the culpable breach of the provider's obligation occurred or up to the amount of the price agreed in the contract for a specific service.

XI. Troubleshooting and complaints procedure

The provider undertakes to provide the client with services in the agreed scope and quality.
The client has the right to the free removal of malfunctions of the provided services that occurred through no fault of the client.
The client is obliged to immediately report to the provider all malfunctions of the services provided, by e-mail to the address listed on the provider's website. In addition to a description of the problem, the failure report must also include the client's identification, company name and ID number, as well as the name of the contact person.
By reporting a malfunction in accordance with point 2 of this GTC article, the period for removal begins. Within this period, the provider is obliged to take the necessary measures to eliminate the malfunction. The deadline for removing the malfunction is 48 hours, if the malfunction was reported on working days from 8:00 a.m. until 5:00 p.m. If the malfunction was reported outside of the times and days specified in the previous sentence, the period for removing the malfunction begins the next day after the day of the malfunction report, from 8:00 a.m., unless otherwise agreed in the contract.
The malfunction is considered to have been removed when the functionality of the provided services is restored or when the agreed level of their quality is restored. The provider will notify the client of the removal of the fault.
In the event of a malfunction, the client is obliged to allow the provider's employees, or persons authorized by him access to the equipment or to the network for the purpose of eliminating the fault.
The client is entitled to complain about the provided services, on which a malfunction was reported, in the event that the malfunctions reported by the client according to this article of the General Terms and Conditions are not removed by the provider within the deadline for removing the malfunction.
The client is obliged to submit the complaint in writing, no later than within 30 days from the date of expiry of the deadline for eliminating the malfunction, while the application of the complaint does not release the client from the obligation to pay the invoiced amount for the provision of services within the deadline. The complaint must contain the identification data of the client, the contact person, the contract number and the subject of the complaint described in a comprehensible manner. In the event that the client does not exercise his right within the specified period, this right shall expire upon expiry of the period.
Complaints will be dealt with within the time limit, corresponding to the complexity and technical or administrative complexity of the complaint, within 15 days if it is a simple case of complaint, within 30 days if it is a more complex case of complaint.
The provider is obliged to inform the client in writing about the processing of the claim, within 30 days from the date of delivery of the claim.
In the event that the provider considers the claim made by the client to be justified because the fault was caused by the provider, the client will be entitled to a discount of 2% from the price for the services provided, unless otherwise stated in the contract. The client's monetary claim due to a claim recognized by the provider will be billed to the client in the billing period in which the claim was recognized as justified, and in the case of a one-time service, a credit note for the amount of the claim will be issued to the client within 30 days from the date of recognition of the claim as justified.

XII. Limitation and discontinuation of services

The provider is entitled to limit or interrupt the provision of services due to (a) abuse of the provided services (b) use of the provided services to support, create opportunities or engage in any illegal or activity contrary to good manners or rules of decency, especially for the transmission of offensive, harassing or malicious communication or to spread an alarm message or threatening information (c) providing services to third parties without a written agreement with the provider (d) in the event of the client's delay in paying the due price for the services provided for more than 7 days from the delivery of a written warning to the client by the provider (hereinafter referred to as "reminder") (e) in the event of a material breach of another contractual obligation of the client, despite the written warning to the client of a material breach of contractual obligation sent by the provider.
In the event of restriction or interruption of the provision of services by the provider for the reasons specified in point 1 of this article of the GTC, the provider shall resume the provision of services after removing the reasons for which the provision of services was limited or interrupted, and in the event of restriction or interruption of the provision of services by the provider for the reason referred to in point 1. d) of this article of the GTC, the provider will resume the provision of services only after payment of the amount due for the services provided, including a reminder fee of EUR 10.

XIII. Duration and termination of the contract

The contract becomes valid and effective on the date specified in the binding order or in the contract and is concluded for a period agreed upon by the contracting parties. The parties to the contract can agree to conclude a contract for an indefinite period of time.
A contract concluded for an indefinite period can be terminated (a) by agreement of the contracting parties (b) by written notice for any reason or without giving a reason. The notice period is 3 calendar months and begins on the first day of the calendar month following the month in which the notice was delivered to the other contracting party.
A fixed-term contract can be terminated (a) by agreement of the contracting parties (b) by written notice for any reason or without giving a reason, but only if the service has not yet been provided. The notice period is one calendar month and begins on the first day of the calendar month following the month in which the notice was delivered to the other contracting party.
A fixed-term contract ends (a) with the expiration of the period for which it was concluded (b) with the fulfillment of the purpose for which it was concluded.
The contract can also be terminated by written withdrawal from the contract by one of the contracting parties.
The provider is entitled to withdraw from the contract in the event of a material breach by the client, especially if the client (a) has not paid the price for the services provided even within 30 days after the due date, despite a previous written request for payment (b) uses the services in a manner which is in violation of the contract or these GTC (c) repeatedly violates the contract or GTC (in particular repeated delay in payment of the price of the service, abuse of the service provided, etc.).
The client is entitled to withdraw from the contract without sanctions in the event that (a) the provider does not fulfill its obligations under the contract despite having been notified of this fact in writing (b) the client does not accept substantial changes to the GTC, in which case the client is entitled to withdraw at the latest within 30 days from the date on which substantial changes to the General Terms and Conditions were notified to him by the provider (c) the provider does not notify the client of a substantial change to the General Terms and Conditions, in which case the client is entitled to withdraw from the contract no later than 30 days from the day when he became aware of the substantial change to the General Terms and Conditions , but no later than 3 months from the effective date of a substantial change to the General Terms and Conditions. The client does not have the right to withdraw from the contract according to point 7 (b) and (c) of this article of the General Terms and Conditions, if a substantial change to the General Terms and Conditions is directly or indirectly caused by a change in a generally binding legal regulation, a decision of a public administration body or a body of the European Union (d) the provider even after repeated the client's acknowledged complaint does not provide services in the quality and scope according to the contract, in which case the client is entitled to withdraw from the contract within 30 days from the date of delivery of the notification on the processing of the repeated complaint by acknowledging it, but only if the violation of the provider's obligations according to this point 7. (d) is still ongoing (e) the provider does not notify the client of the result of handling the complaint according to point 12 of Article GTC, in this case the client is entitled to withdraw from the contract within 30 days from the date of expiry of the deadline for notification of the result of handling the complaint.
The effects of withdrawal from the contract will take effect on the day of delivery of the written withdrawal to the other contracting party.

XIV. Work and License

The parties to the contract have agreed that in the event that a part of the provided services includes the creation of a work or the creation of a work occurs as part of the provision of services, and this work meets the legal conditions of copyright, the provider grants the client a license by which the provider grants the client consent to use the copyright work contained in the work or its part (hereinafter referred to as the "Author's work"), namely for all transferable methods of use known at the time of the conclusion of the contract, in particular but not exclusively for reproduction of the author's work, inclusion of the author's work in a collective work, connection of the author's work with another work, modifications, changes and processing of the author's work.
The Provider, as the licensee, shall have the right to use the work, enable the use of the work by third parties and grant a sublicense to use the work by third parties. For this purpose, the provider as a licensor or author of the copyrighted work grants consent to the above and, in the event that the client requests this at any time in the future, undertakes to confirm such consent and sign any documents required in this matter in the future. The remuneration for the granting of a license, as well as for the granting of consent to the granting of a sublicense or the assignment of a license, is already taken into account in the price set for the creation of the work, and the provider will not be entitled to any additional remuneration for this reason, unless the contracting parties agree otherwise.

XV. Dispute resolution

The client undertakes to settle all potential disputes arising between the client and the provider from legal relations established by the contract or in connection with it, including disputes about the validity, interpretation, implementation or termination of the contract, preferably by out-of-court negotiations with the provider. In the event that even within 30 days from the date of delivery of the written request for out-of-court negotiations to the provider, there is no mutual agreement on the settlement of the dispute, the client is entitled to resolve the matter through court.
The contracting parties have agreed that all potential disputes will be resolved preferentially by agreement of the contracting parties. If the contracting parties do not agree on an out-of-court settlement of the dispute, these disputes will be decided by the relevant general Slovak courts.

XVI. Change of contract, GTC and price list

Akékoľvek zmeny a doplnky zmluvy môžu byť vykonané len po dohode zmluvných strán, vo forme písomných dodatkov k zmluve, pokiaľ nie je uvedené inak.
The provider is entitled to unilaterally change these GTC or the price list during the duration of the contract.
The provider undertakes to notify the client of any substantial change to the General Terms and Conditions, the price list within 7 days of the effective date of such change.
The provider will announce the change to the GTC or the price list on the provider's website, thereby simultaneously fulfilling the notification obligation towards the client.

XVII. Miscellaneous

The General Terms and Conditions become valid and effective on the day they are published on the provider's website.
By concluding a contract or confirming a binding order, the client confirms that he has familiarized himself with the General Terms and Conditions and agrees with them. These GTC are an integral part of the contract.
Legal relations between the contracting parties established by a contract or binding order, which are not expressly regulated by the contract or binding order, are governed by the relevant provisions of the law and other generally binding legal regulations of the Slovak Republic.
In the event of a different arrangement of the provisions of the contract or binding order and these GTC or the price list, the provisions of the contract or binding order take precedence over the provisions of the GTC or the price list.
The provider reserves the right to unilaterally change or supplement the wording of the GTC.