Terms of Service

These terms of service (the "terms") govern the provision of the Attendees attendance system as a service. The provider is Ing. Matěj Kmínek, a natural person carrying on business under the Trade Licensing Act, registered in the Trade Register, with registered office at Nová Lhota 34, 286 01 Kluky, Company ID 02877961, VAT ID CZ8708210016, e-mail [email protected], phone +420 721 351 040 (the "operator").

1. Introductory provisions#

1.1 The terms apply to the service contract concluded between the operator and the customer. The customer may only be a business or another legal entity that uses the service for its business or similar activity (a B2B relationship). The service is not intended for consumers, and the provisions on consumer contracts do not apply.

1.2 The person who creates or orders the system declares that they are authorised to act on behalf of the customer.

1.3 The Data Processing Agreement, which governs the processing of the personal data of the customer's employees, and the price list form an integral part of the contract.

2. The service#

2.1 The operator sets up for the customer its own instance of the Attendees attendance system at the address <name>.attendees.eu (the "system"), runs it on its server, backs it up and updates it to new versions.

2.2 The scope of the system's features is described on the attendees.eu website (the Features and Documentation pages). The operator may continue to develop the system, add features and change their form; it will not remove an essential feature of a paid licence without notice under Article 10.

2.3 The customer is responsible for the content it enters into the system, for granting access to its users and for the devices from which it uses the system (the kiosk, phones, chip readers).

3. Licences#

3.1 Free version. The system may be used free of charge for a number of employees up to the free-version limit stated in the price list. The free version is provided as is, without any guarantee of availability, support or preservation of features. The operator may change or discontinue it with at least 30 days' notice.

3.2 Paid licences. Above the free-version limit, the system is provided for a fee according to the current price list published on the Pricing page. The price is determined by the tier corresponding to the highest number of active employees in the system and by the chosen billing period (monthly, annual or two-year). Prices are stated exclusive of VAT; VAT at the statutory rate is added to the price. For companies above the largest tier in the price list, the operator prepares an individual offer.

3.3 The customer may move to a higher tier at any time; the additional payment is charged pro rata. A move to a lower tier or a shorter period takes effect from the next billing period.

4. Conclusion of the contract#

4.1 The contract is concluded by submitting the installation form on the attendees.eu website, in which the customer chooses a licence and confirms, by ticking a box, its agreement with these terms and with the Data Processing Agreement, followed by confirming the installation through the link in the e-mail. The contract may also be concluded by a written or e-mail order confirmed by the operator.

4.2 The contract is concluded electronically, in the Czech language. The version of the terms in effect at the moment the contract is concluded is available on this page; the operator does not store concluded contracts individually.

5. Invoicing and payments#

5.1 The operator always invoices a paid licence in advance for the entire billing period. It issues the first invoice after the system is installed.

5.2 Invoices are payable within 14 days of issue. Payment is made by bank transfer to the account stated on the invoice.

5.3 A system with a paid licence is fully functional for 15 days after installation; once the invoice is paid, the operator extends the validity of the licence to the end of the paid period.

5.4 In the event of late payment, the operator may charge default interest at the statutory rate.

6. Licence validity and service restriction#

6.1 The system records the date until which the licence is paid. If the licence expires and the next period is not paid even after an e-mail reminder, the operator may restrict the system's features, in particular prevent the addition of further employees above the free-version limit.

6.2 The restriction does not affect the recording of arrivals and departures, access to data already recorded or the ability to export data. The restriction is lifted once the licence is paid.

6.3 If the customer does not pay for the licence even within 60 days after the due date, the operator may terminate the contract with a notice period of 30 days; after the contract ends, Article 8 applies.

7. Availability and support#

7.1 Free version: no guarantee of availability; support by e-mail only as the operator's capacity allows.

7.2 Paid licences: the operator endeavours to achieve system availability of 99.5% in a calendar month, measured on the system’s sign-in page, excluding planned maintenance announced in advance and outages caused by third parties or force majeure. It provides support by e-mail at [email protected] on working days from 9:00 to 17:00, with a first response by the end of the next working day.

7.3 The operator carries out planned maintenance preferably outside working hours. It announces longer downtime to system administrators by e-mail in advance.

8. Termination of the contract, data export and deletion#

8.1 The contract is concluded for an indefinite period. A paid licence is automatically renewed for a further billing period unless the customer terminates it by the end of the current period at the latest. The customer may terminate the contract at any time by e-mail to [email protected]; a period already paid for is not refunded, except in the cases set out in these terms or in the Data Processing Agreement.

8.2 The operator may terminate the contract with a notice period of 3 months, or without notice if the customer materially breaches the terms of the service (for example, uses it for unlawful activity or endangers the security of the server).

8.3 Before the contract ends, the customer may export the data itself (reports in PDF format) or request a full export of the database in SQL format. Within 30 days after the contract ends, the operator hands over or deletes the data, as the customer chooses; the details are set out in the document Retention and Deletion.

9. Liability#

9.1 The operator is liable for damage caused by a breach of its obligations. The total compensation for damage for all events in one calendar year is limited to the amount the customer paid the operator for the service in the 12 months before the damage occurred. For the free version, compensation is limited to CZK 0 to the extent permitted by law.

9.2 The limitation does not apply to damage caused intentionally or through gross negligence, to harm to a person's natural rights or to other cases in which the law excludes such a limitation (Section 2898 of the Civil Code).

9.3 The operator is not liable for lost profit, for the accuracy of data entered by the customer or for payroll calculations made by the customer or its payroll accountant on the basis of exports from the system. The customer is responsible for the accuracy of the reports used for payroll.

10. Changes to the terms#

10.1 The operator may make reasonable changes to these terms and the price list, in particular because of changes in legislation, development of the service or changes in costs. It announces a change to system administrators by e-mail at least 30 days before it takes effect and publishes it on the website.

10.2 If the customer does not agree with the change, it may terminate the contract as of the date the change takes effect; for a paid licence, the operator refunds the pro rata part of the price for the unused period. By continuing to use the service after the change takes effect, the customer accepts the change. A price change takes effect for a paid period only from the next billing period.

11. Final provisions#

11.1 The contract and these terms are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code. The parties exclude the application of Sections 1799 and 1800 of the Civil Code on contracts concluded by adhesion to the extent permitted by law.

11.2 Disputes are decided by the general courts of the Czech Republic; the court with local jurisdiction is the one for the operator's registered office.

11.3 If any provision is invalid, the remaining provisions remain in force.

11.4 The parties deliver notices under these terms to each other by e-mail: the operator to the system administrator's e-mail address given during installation or in the system settings, the customer to [email protected].