I. Introductory provisions
- The service provider is Dr.Jozef Vodny, established in Príčni 118/10 BRNO 602 00 Zábrdovice the Czech Republic registration number 06419615 TIN C2 684265125 (hereinafter referred to as PROVIDER)
- Client is the natural person who has already payed the fee to the Provider (hereinafter referred to as the “Client”).
- The total amount changed as a fee agreed upon according to the previous point (hereinafter referred to as the “Fee”) is determined according to the scope of services which have been actually provided to the Client by the Provider.
- Service according to these General Commercial Terms and Conditions (hereinafter referred to as the “GCTC”) is understood as counselling, couching and consultations that the Provider provides in the field of food and healthy life-style in written form, by telephone, online (e-mail) or through personal meetings.
- The information provided within this counselling is supplied by experts from the field referred to, and is provided only on the basis of information and entries given by the Client with due professional care, having only an advisory character.
- The Provider is not responsible for any direct or indirect damage to the Client or to the third parties based on providing this information. Due to fast and effective service provision it is necessary to provide required information in a precise, unequivocal and intelligible manner.
- If there are questions which fall outside the referred area, the Provider reserves the right to withhold the service to the Client.
- The Provider also reserves the right not to answer those questions that due to their difficulty and disproportionate scope fall outside the area of general counselling.
- The Fee for the purpose of these General Commercial Terms and Conditions is understood as remuneration paid by Client to the Provider for use of his services based on the current price list of the Provider.
- By paying the Fee the Client acknowledges and accepts this GCTC.
- This GCTC describes the reciprocal rights and obligations of the Provider and of the Client.
II. Fee Payment, Contract Terms and Client’s Access to the Service
- The Fee payment done by the Client is possible either by bank or by post office transfer order to the Provider. The Fee is the sum of (a) the basic fee of €120 for each calendar month or part thereof for every 120 minutes of service provided (hereinafter “basic fee”), and (b) additional fee for the services provided in a calendar month beyond the scope of basic fee which is the product of the minutes of service and Euro 120/120 (hereinafter “additional fee”). The amounts are expressed in EURO, including the relevant tax and the fees stipulated by the Law. The Provider is not subject to VAT.
- The Client is obliged to pay the fee on the basis of an invoice issued by the Provider by the 15th day of the calendar month. The basic fee is always paid in advance for the following month. The additional fee is paid for the preceding calendar month.
- In the first calendar month of providing the service, the Provider enables the Client to use the services within 24 working hours from the identification of Client’s payment.
- The Provider has the right to the basic fee regardless of whether the service was used by the Client partially, or not at all.
- The Contractual relationship between the Provider and the Client is concluded for a definite period of time, that is for 6 month after which the period is automatically prolonged to indefinite period of time, as long as neither of the parties indicates to terminate the contractual relationship in a written form by a letter which has to be delivered to the other party before expiration of the definite period of time. During the definite period of time it is not possible to terminate the contract.
- During the indefinite period of time each party is entitled to denounce the contractual relationship in a written form without giving any reason, with a notice period of one month which starts on the first day of the consecutive month following the month in which the denunciation was delivered to the other party.
- The Provider has the right to refuse to provide the services if there is any delay in payment of the Client.
III. The Rights and Obligations of the Provider
- The Provider provides the services in accordance with this GCTC.
- The Provider is not liable for the impossibility of using the service caused by technical problems on the part of the Client.
- The service also includes answering a question relating to the determined scope activity of the Provider in praxis. If the Client requires the service for more complex problems or difficult situations, the Provider is obliged to notify the Client of that fact. In such a case, it is possible to arrange a counselling for a specific payment with regard to the complexity of the problem and the time needed for finding a solution. The content and extend of the service is not providing of legal advice.
- The provided information has legally non-binding character. The examples and opinions are formulated in general terms and without taking into account the facts of the individual case it is not possible to apply them without a potential risk. The Provider is not accountable for an inappropriate application of counsel and its interpretation. It is necessary to apply all the information by taking into account the specific facts of the individual examples.
- The Provider provides the services by means of a telephone call, e-mail, or personal contact within the scope described in points 3.3 a 3.4 of this GCTC.
- By the telephone call shall be understood as Client’s call to the service Provider.
- By the e-mail contact shall be considered an e-mail sent by the Client to the address of the Provider (fill in). The content of the e-mail should be conceived in such a way to meet the requirements and scope of the service provided.
- By personal contact is understood a meeting of the Provider and the Client on a mutually determined place. If the Provided has to travel to the Client, the Provider is eligible to reimbursement of the costs associated with this travel. The length of all the personal meeting within one month may not all together exceed the scope of the service provided.
- The Provider is not liable for not fulfilling his duties described in this GCTC if it was not possible due to objective circumstances of force majeure. The circumstances excluding the liability for the purpose of this GCTC are to be understood as those which are independent of the will of the Provider and which the Provider has no influence upon.
- The Provider has the right to inform the Client by means of contact e-mail about the offers of service, including commerce, possibilities of purchasing services for another period of time, or about the need to pay the fee for another period, about recent offers. According to the previous sentence, the Client is entitled to withdraw the consent at any time in a written form.
- The Provider has the right to refuse to provide the service if by providing it, he would cause any conflict of interests.
IV. The Rights and Obligations of the Client
- The Client has the right to an access to the service in accordance with this GCTC.
- Only the Client is entitled to use the service. The Client is not entitled to share the service with a third party, and thus allow the consumption of the services or its commercial use to the third party without charge.
- The Client is obliged to describe their health condition in a true, complete and precise manner, and provide relevant medical documentation.
- The Client is obliged to go through the process of continual measurement of heath indicators according to the instructions of the Provider throughout the period of providing the service.
- Throughout the period of providing the service the Client is obliged to follow the dietary and life-style principles according to the instructions of the Provider, and to preserve the results of heath indicators within the limits recommended by the Provider.
- The Provider takes no responsibility for the breach of the duty referred to in points 4.4 and 4.5 of this GCTC by the Client, and does not guarantee achieving the expected results of improving health condition through his services.
- The Client receives the answer from the Provider according to points 3.3 and 3.4 of this GCTC no later than 4 workdays after the day on which all the relevant information asked for was delivered to the Provider.
V. Final provisions
- The Client and the Provider communicate mutually mainly by means of telephone calls or electronic communication. The message shall be deemed to have been served at the time of receiving the confirmation of mail delivery from the other party.
- If any part of this GCTC would become null and void or inapplicable, the rest of the GCTC is not affected. In case of Legal Amendment will this GCTC be adjusted or interpreted in accordance with it.
- These public commercial terms are in whole governed by the law of the Czech Republic, even if the Client is not a citizen of the Czech Republic.
- Any disputes that arise between the Provider and the Client will be solved within the efforts of achieving an amicable solution. If this is by no means possible, the disputes will be finally determined by the courts of the Czech Republic in accordance with their procedural rules.
- The relations which are not governed by these commercial conditions are governed by the Law of the Czech Republic, in particular Law No 513/1991 ECR of the Commercial Code.
- The Provider and the Client expressly agree on the fact that their relations based on providing a service within the meaning of Section 262 par. 1 of the Commercial Code are governed by the Commercial Code even if the Client is not an entrepreneur. If the Client is in the position of the consumer under the law No 40/1964 ECR of the Civil Code, as amended, the Client declares that the Client had the possibility of getting acquainted with this GCTC before accepting this obligation.
- By this the Client gives their consent to the Provider to use and proceed their personal data which are protected under the Law No 18/2018 Journal of laws on protection of personal data and amending and supplementing certain acts as amended. The Provider is entitled to use the personal data for his evidential purposes and on carrying out acts according to this contract. The granted consent applies to first name, last name, residence, date of birth, identity number, personal ID code, health condition, and the information from the medical documentation of the Client. Client is entitled to withdraw the consent at any time in a written form. The Consent is valid during the contractual relationship between the Client and the Provider and lasts 10 years after its termination.
- The Provider has the right to change the GCTC. The Provider is obliged to disclose the new version with the date it takes effect on his website (fill in) for at least 10 days and demonstrably inform the Client about the change.
- These public commercial terms shall enter into force on (fill in).
In Brno, on ……………………………….. 1.5.2019
For the Provider:
Dr. Jozef Vodný