GENERAL TERMS AND CONDITIONS

Following are the general terms and conditions (henceforth referred to as GTC) of company myTimi s.r.o., company registration number 05899320, based at Dukelských hrdinů 564/34, Prague 7, 17000, filed under C 272499 at Municipal court in Prague, (henceforth referred to as „Operator”) for services provided by myTimi.

 

1.           INTRODUCTION

1.1        Operator runs and administrates the service (henceforth referred to as “myTimi”) via website www.mytimi.cz, a mobile application myTimi, SMS, email and application Facebook Messenger.

1.2        These T&C regulate the rights and obligations of the persons using myTimi (Customers), as well as related underlying legal relationships. Customer is every natural person registered for purposes of using myTimi (henceforth referred to as “Customer”).

1.3        By signing up and registering at myTimi, the Customer agrees with the GTC.

1.4        Operator carries out activities intended to fulfill the assignments by the Customer, including obtaining goods or services (henceforth referred to as “Services”). Operator acts upon an initiative (an Order) by the Customer and ensures buying and delivering the goods and/or providing the services to the benefit of the Customer.

1.5        Operator provides the Services in the area and time specified at www.mytimi.cz, while both area and time can be subject to change.

1.6        Operator does not act as a specialist in relation to the Service they provide. Should the Customer request expert knowledge in a field of their assignment, it is their responsibility to notify the Operator beforehand and verify a feasibility of such task.

1.7        To arrange a completion of the Service, Operator delegates the assignment to their employees, however, should the character require so, the Service and its completion may be forwarded to a third party. The Customer hereby agrees with this procedure.

1.8        Operator is entitled to alterations and additions to the GTC. In such cases, the Operator informs the Customer in a suitable way, e.g. via the website www.mytimi.cz or a mobile app. Should the Customer disagree with the change, they may terminate the General contract (see below) within 30 days after the effective date of the change to the GTC, with is valid as of the moment of delivery of the notice to the Provider.

1.9 The GTC are valid and effective in the version published and available on the website www.myTimi.cz/podminky and in the mobile application MyTimi. This provision shall not affect the rights and obligations that may arise during the term of the previous version of the GTC.

1.10 Other details, especially contact details of the Operator are published on the website www.myTimi.cz in the section "Contacts".

2. CONTRACTOR RELATIONSHIP OF OPERATOR AND CUSTOMER

2.1 By the registration of the Customer and consent to the GTC, the Operator and the Customer conclude a framework contract for the provision of Services (hereinafter referred to as the “General Contract”). Individual performance is then provided by the Operator to the Customer on the basis of an order made by the Customer in accordance with Article 2 of the GBC (hereinafter referred to as the “Order”), thereby concluding a partial contract for the provision of Services (hereinafter referred to as the “Contract”).

2.2 The GBC form an integral part of each General Contract and the Contract.

2.3 The Operator is not obliged to execute the Service and is entitled to terminate the General Contract and / or the Contract with immediate effect if the matter being handled, even potentially, in violation of legal regulations (e.g. delivery of alcohol to minors), obscene or otherwise inappropriate, Customer shows signs of fraudulent behavior (e.g. myTimi does not elaborate diploma or any other theses for Clients, etc.).

2.4 The Customer is aware that in the event that the ordered Service consists in mediation of the purchase of goods, the Operator is only an intermediary and not a producer or seller of goods ordered through myTimi. In this case, the Operator is not a party to the contractual relationship between the Customer and the manufacturer or seller of the goods and only arranges for the conclusion of a contract for the purchase of goods between the Customer and a third party. The Producer is solely responsible for the goods and their quality, not the Operator, which the Customer hereby acknowledges.

2.5 The Customer is aware that if the ordered Service consists in mediation of services provided by a third party, the Operator is only an intermediary and not a provider of services ordered through myTimi. In this case, the Operator is not a party to the contractual relationship between the Customer and the service provider and only arranges for the conclusion of a contract between the Customer and a third party, and / or for the payment of the price for the services. The Producer is solely responsible for the provided services and their quality, not the Operator.

2.6 The Customer is obliged to register for the use of myTimi and create his / her Customer Account through which he / she realizes his / her Orders.

2.7 The order can be placed in the ways specified on the website www.myTimi.cz in the Contacts section, by means of the given telephone number (SMS, phone call), email address or Facebook Messenger.

2.8 After the Customer has executed the Order, the Operator confirms the acceptance of the Order and informs the Customer of the date of delivery of the Service and the maximum price of the ordered Service. The final price of the Service will be communicated to the Customer at the same time as the announcement of the Service. The final price may not exceed the maximum price communicated to the Customer in the acknowledgment of receipt of the Order under this paragraph.

2.9 The Contract is concluded at the moment when the Customer notifies the Operator of its agreement with the proposed date of performance and the maximum price of the Service.

2.10 If the price of the ordered Service does not exceed 300 CZK incl. VAT, the Contract is concluded by sending the Order. In such a case, the Operator is entitled to start to provide the Service only on the basis of the received Order without prior confirmation of the maximum price and the date of performance of the Service by the Customer.

2.11 The Customer shall have the right to cancel his Order until confirmation of the Order pursuant to Article 2.9 of the GBC, and the notice of cancellation of the Order must be delivered to the Provider before commencing the provision of the Service. After confirming the Order pursuant to 2.9 of the GBC, the Customer is no longer entitled to cancel its Order and is obliged to pay the price for the ordered Services; the already paid price for the Service will not be returned to the Customer. In the case of services according to Article 2.10 of the GBC (Services up to CZK 300 incl. VAT), the Order is binding immediately after its dispatch and it is not possible to cancel it according to the previous sentence of this Article.

2.12 If (i) the Customer's Order is canceled in accordance with Clause 2.11 of the GTC, the first sentence, and (ii) the price for the Services ordered has already been deducted from the Customer's payment card, the Operator shall pay the price for the ordered Services in full to the Customer's account within 14 days at the latest.

2.13 The Customer has no legal right to confirmation of his Order and provision of the Service. This is especially true for situations where the capacity of operators and myTimi staff who process Customer Orders and their execution is exhausted.

2.14 The Provider charges for the provision of the Service (ie provision of the Customer's matter) according to the price list below:

The prices are charged for the time actually spent by the Operator. Prices are charged in minutes:

Price per 1 minute of myTimi work incl. VAT                6,5 Kč

Price for 1 minute courier work incl. VAT                      4 Kč

 

Prices for myTimi subscribers:

Prepaid amount                                                           over CZK 10,000          over CZK 20,000

Price per 1 minute of myTimi work incl. VAT                8,89Kč                                    7,68Kč

 

2.15 Prices for selected Services listed on the website www.myTimi.cz are indicative, as each Order is different and requires an individual approach.

2.16 The Operator shall notify the Customer of the maximum price of the requested Service at the same time as confirming the acceptance of the Order pursuant to Article 2.8 of the GBC, except in cases pursuant to Article 2.10 of the GBC (Services up to CZK 300 incl. VAT).

2.17 The price of the Service does not include the price of the ordered goods or services provided by third parties. The Provider shall also notify the Customer of the price for goods or services provided by third parties in advance and the Customer shall agree to it before commencing the provision of the Service, but with the exception of the procedure pursuant to Article 2.10 of the GBT.

2.18 The Customer undertakes to pay the price for the ordered Services by credit card or bank transfer. To pay the price for the Service, the Provider shall send the Customer a hyperlink via email, SMS or Facebook Messenger. By clicking on the hyperlink you received, the payment will be completed automatically.

2.19 In the case of a personal receiving of the ordered goods or services by the Customer, payment by cash or by credit card via a portable payment terminal is possible upon agreement. If the Customer refuses to pay for the delivered goods or services on site, the Operator has the right to retain the goods in question and not to hand them over to the Customer or to refuse to provide the service the Customer.

2.20 In the event that the Customer does not allow automatic payment by credit card pursuant to Article 2.18 of the GBC, the Customer is obliged to pay the price for the ordered Service in advance, ie before providing the Service.

2.21 Unless agreed otherwise between the Provider and the Customer, the Customer is obliged to pay the price of the Service (ie remuneration for myTimi services as an intermediary and the price of ordered goods and / or services) exceeding CZK 5,000 before the Provider provides the Service.

2.22 In case of subscription to the Services, the Operator shall provide the Customer with a discount on the price of the provided Service pursuant to Article 2.14 of the GBT. More detailed conditions for granting discounts are available at www.myTimi.cz.

2.23 With respect to the nature of the Services provided by myTimi, by sending the Order, the Customer asks the Operator to start providing the Services immediately, resp. within the term specified in the Order, and the Customer acknowledges and agrees that he is not entitled to withdraw from the Contract from the moment of confirmation of the Order, respectively. from the sending of the Order in cases of procedure according to Article 2.10 of the GBT

2.24 The Customer's order must contain at least:

(a) specification of the requested Service;

(b) the required date of performance of the Service;

(c) the place of delivery of the goods or the provision of the service, if their provision is the subject of the Service;

(d) information about the contact person, if not the Customer, including telephone connection.

2.25 If the Order is not sufficiently specific, the Operator shall ask the Customer to specify it.

2.26 After providing the Service, the Operator shall send the Customer a tax document related to the given Service (invoice for goods) to the Customer's email entered during myTimi registration and also make the tax document available in its Customer Account accessible at www.myTimi.cz or in the myTimi application. The Customer hereby expresses its consent to the sending of only an electronic tax document for the provided Services.

3. CUSTOMER'S RIGHTS AND OBLIGATIONS

3.1 All use of myTimi, including registration to myTimi, is free of charge. The Customer pays the Operator only the price for the Services provided by the Operator. The customer also pays fees according to the current tariff of his operator, in case of communication via SMS or telephone call. The customer also pays the price for goods or services delivered or provided by third parties.

3.2 The Customer hereby declares that:

(a) he has full legal authority to use myTimi;

(b) all data provided to the Operator are true, complete, accurate and correct;

(c) he / she is thoroughly acquainted with the GTC, fully understands their content and agrees with the GTC prior to using myTimi.

3.3 The Customer undertakes that:

(a) they will not use myTimi if its use would lead to a breach of the law;

(b) if he is under 18, he will not use myTimi for the purposes for which the minimum age is 18 years.

3.4 When using myTimi, the Customer is obliged to provide and provide only true, complete and accurate data. In case of breach of this obligation, the Operator is not responsible for the functioning of myTimi or for the provision of the ordered Service.

3.5 The software and other components making up myTimi, including photographs, are protected by copyright. Customer undertakes not to engage in any activity that may enable him or third parties to tamper with or misuse (eg retain, modify, distribute) the Software or other components of myTimi.

3.6 When using myTimi, the Customer is not entitled to use any mechanisms, software or other procedures that could negatively affect the operation and operation of myTimi. myTimi may only be used to the extent that is in accordance with its purpose and which does not harm the Operator or the rights of third parties and does not conflict with the legitimate interests of the Operator or third parties, especially other Customers.

3.7 The Customer undertakes to use myTimi only for its own personal use and not to use myTimi or any part thereof for commercial purposes.

3.8 The Customer is not authorized to use the user accounts of other Customers.

3.9 The Customer declares that he / she is the legal holder of a payment card which he / she uses to pay for the Services provided by the Provider.

3.10 The Customer is aware that clicking on some links within myTimi may leave the www.myTimi.cz website and / or myTimi mobile application and redirect to a non-Operator's website and / or to another mobile application (eg . payment gateway).

3.11 The Customer shall be liable for any damage caused to the Operator or a third party by unauthorized use of myTimi.

3.12 In the event that the Customer entrusts any movable item (eg motor vehicle, any device, equipment, etc.) to the employees of the Operator in order to provide the ordered Service, the Customer is obliged to insure such movable item. In the event that the movable property entrusted to the operator of the Operator is not insured, the Customer is solely responsible for any damage to this movable property.

4. WITHDRAWAL FROM THE CONTRACT AND RIGHTS OF DEFECTIVE PERFORMANCE

4.1 The Operator declares and the Customer acknowledges that these GTC are intended for Orders of Services by the consumer, ie they are intended exclusively for so-called consumer contracts according to the provisions of § 1810 of the Act. No. 89/2012 Coll., the Civil Code, (hereinafter referred to as “Civil Code”).

4.2 The Customer is entitled to claim the Services by written notice sent electronically to honza@mytimi.cz or in writing to the address of the Operator's registered office. The claim must be accompanied by proof of service provision.

4.3 The Customer is obliged to claim the provided Services with the Operator without undue delay after having been able to identify the defect, but no later than within 6 months from the provision of the Service.

4.4 Customers may file a complaint with the Czech Trade Inspection Authority (www.coi.cz), the state supervisory authority for consumer protection.

4.5 The out-of-court settlement of consumer disputes arising from the Service Agreement is the responsibility of the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Identification Number 00020869, Internet address: http://www.coi.cz -line via the dedicated platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN

5. OPERATOR'S RIGHTS AND OBLIGATIONS

5.1 The Operator shall use its best endeavors to provide the ordered Services to the Customer within the deadline set by the Customer in the Order.

5.2 In the event that the Customer was not satisfied with the provided Service and shall notify the Operator of this fact together with the reasoning in writing through the contacts listed at www.myTimi.cz in the “Contacts” section, the Service in question will be provided to him free of charge. In the event that the price for the ordered Services has already been paid, the Operator shall return the price for the ordered Services in full to the Customer no later than 14 days from the date of the proper claim.

5.3 If the Provider has reasonable suspicion that the Customer has used or used myTimi in violation of the terms of use of myTimi, especially if he / she misused the procedure under Article 5.2 above, the Provider has the right to withdraw from the Framework Agreement and cancel the Customer's account.

5.4 The Operator does not guarantee unlimited access to the website www.myTimi.cz and / or to the myTimi mobile application or unlimited operation of myTimi.

5.5 The operator is not responsible for damages caused by force majeure or for outage of myTimi service.

5.6 The Operator shall not be liable for goods or services provided by third parties (ie entities other than the Operator), including payment system operators or couriers who are not contracted with the Operator, or for any consequences of their actions or rights and obligations associated with these services and goods.

5.7 The operator is not responsible for safety and security of the www.myTimi.cz website and / or myTimi mobile application. The Operator shall not be liable to the Customer for any damage incurred in the use of myTimi, including damages when downloading content from the www.myTimi.cz website and / or the myTimi mobile application, damage caused by interruption of operation or failure of the www.myTimi.cz website and / or myTimi mobile application, damage caused by viruses and / or in connection with the loss of Customer's data.

5.8 The Operator shall not be liable for any damage incurred by the Customer as a result of third party interventions in the www.myTimi.cz website and / or myTimi mobile application or as a result of using myTimi in violation of its purpose or unauthorized access to Customer's transmissions and data.

5.9 The Operator is entitled to constantly and at any time monitor the content of the www.myTimi.cz website and / or myTimi mobile application, for which it is also entitled to use any services of third parties.

5.10 The Operator may at any time restrict or terminate Customer's access to myTimi's Customer Account and / or terminate the Framework Agreement concluded with the Customer with immediate effect.

6. FINAL PROVISIONS

6.1 All legal relationships arising from or in connection with the use of myTimi shall be governed by the laws of the Czech Republic. Should the legal relationship arising from or in connection with the use of myTimi contain an international (foreign) element, the parties agree that the relationship is governed by the laws of the Czech Republic. This does not affect the rights of the Customer as a consumer arising from generally binding legal regulations.

6.2 If any provision of the GBT is or becomes invalid or ineffective, a provision whose meaning is as close as possible to the invalid provision shall be replaced by such invalid provisions. The invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the other provisions.

6.3 Unless otherwise agreed, all correspondence relating to the use of myTimi shall be delivered to the other Party in writing, either by electronic mail or personally or by registered mail. It is delivered to the Customer at the e-mail address given by the Customer in the registration questionnaire. In the case of delivery by e-mail, the message is considered delivered when it is received on the incoming mail server. A message delivered in person or through a postal service provider shall be deemed to have been received by the consignee receiving the consignment or refusing to accept the consignment by the consignee. In the case of delivery by postal operator, a consignment shall also be deemed to have been received by the expiry of a period of ten (10) days from the date of deposit and giving the addressee a request for receipt of the consignment if it is deposited with the postal operator, the recipient did not know of the storage.

6.4 These GTC come into effect on the day following publication, unless the later date is expressly stated.

 

These GBT come into effect on 1.11.2017

In Prague on 31.10.2017