Terms and conditions
1. Consent to terms and conditions of this website
Welcome to the website of Globalduck Ltd. Use of the website is subject to the following terms and conditions and applicable law. Please read our terms and conditions carefully. By accessing and using this website, you acknowledge that you have carefully read and understood the terms and conditions and that you accept them unconditionally.
By accessing this website, you also agree to the terms and conditions of other websites, including subdomain websites, and our company’s web apps. Our company means Globalduck Ltd., with its registered office at Vojtěšská 211/6, 110 00, Prague, IN: 09567364, registered with the Municipal Court in Prague under registration number C 338261.
Přístupem na tyto webové stránky také souhlasíte s podmínkami dalších webů, včetně webů na subdoménách, a webových aplikací naší společnosti. Naší společnosti se rozumí společnost Globalduck s.r.o., se sídlem Vojtěšská 211/6, 110 00, Praha, IČ: 09567364, vedená u Městského soudu v Praze pod spisovou značkou: C 338261.
2. Use of websites
The information on this website, including any text, artwork, graphics, design, logo, icon, image, audio and video recording, photos, software and technology, as well as the website as a whole, including its layout and graphic design, is subject to the copyright of Globalduck Ltd.
You may only use (download, view, print etc.) the information for personal, non-commercial purposes. You are not authorised to distribute, process, modify, forward or use this information for commercial purposes without the prior consent of Globalduck Ltd. Please contact us for consent from our contact section of this website.
To maximise our users’ security, we use various security methods. It is prohibited to interfere with the security, technical nature or content of the Globalduck Ltd. website, as well as to attempt to gain access to these parts of the website without the consent of Globalduck Ltd.
3. Information accuracy
We make every effort to ensure the reliability and accuracy of the information on this website. However, inaccuracies or typographical errors may still occur. These may be corrected upon discovery and at the discretion of Globalduck Ltd. You are further advised that the most recent update of information may not always be available. The Company may modify any information posted on this website at any time, without notice.
Neither Globalduck Ltd. nor any other person involved in the creation or operation of this website shall be liable for any damages whatsoever, including without limitation direct, indirect or consequential damages arising out of access to, use of, or inability to use this website, or for any errors or omissions regarding the content of the website. This limitation includes any damage to your computer devices and damage caused by viruses on your computer and other devices.
4. Links of websites
This website may be linked to from third party websites over which Globalduck Ltd. has no control and which are not subject to its approval. Accordingly, Globalduck Ltd. is not responsible for the content of sites from which this website is linked.
You are not permitted to link to other sites within this website without the prior consent of Globalduck Ltd. In the event of a breach of consent, we may immediately remove such links from our website.
5. Placement of third party communications on the website
Although Globalduck Ltd. may monitor or review discussions, chats, mail or other message transmissions on this website, it has no obligation to do so and is not responsible for the content of such communications from third parties, including any errors, defamation, insults, slander, lies, obscenity, pornography, disrespectful statements or inaccuracies included in such communications.
You are prohibited from posting or transmitting any unlawful, threatening, abusive, defamatory, obscene, scandalous, inciting, pornographic, or disrespectful material or material containing slander or any material that may constitute conduct that could be considered a criminal offense, civil violation, or other violation of law.
Globalduck Ltd. will cooperate fully with the relevant authorities and courts who request information about the identity of the person who posted such communications on the website.
Access to individual Globalduck Ltd. websites may be made on condition that you provide certain personal information. In this case, Globalduck Ltd. will comply with the requirements set out in the relevant legislation.
7. Consequences of violating the terms and conditions
If it is determined that a violation of these Terms has occurred, Globalduck Ltd. may immediately proceed, without notice, to take appropriate action, including removing any communication or other information posted by the user on this website and preventing the user from using Globalduck Ltd.‘s services. In the event that Globalduck Ltd. is damaged by your conduct, Globalduck Ltd. shall be entitled to seek compensation at its sole discretion.
8. Modifications to the terms and conditions
Globalduck Ltd. reserves the right to modify or change these terms and conditions at any time without notice. Modifications to the terms and conditions are effective upon posting on the website. It is therefore your responsibility to visit this website regularly and check the current version of the terms and conditions by which you are bound when using the website.
These terms and conditions are in force from 5.9. 2022.
Terms of service
1. Preliminary provisions
These terms and conditions govern the rights and obligations that arise for you and us when you order Outgrow services and products. By us we mean a company Globalduck Ltd., with its registered office at Vojtěšská 211/6, 110 00, Prague, IN: 09567364, registered with the Municipal Court in Prague under registration number C 338261.
1.1 These General Terms and Conditions regulate the legal relations between the Provider and the Users of the website and Outgrow apps from service contracts concluded by means of remote communication through the interface of the Provider’s website.
1.2 These Terms and Conditions are an integral part of the Contract concluded between the Provider and the User.
Please familiarise yourself with the terms used in these terms and conditions:
2.1 Free Service means the Service provided free of charge under the terms and conditions set out on the Web Interface at www.outgrow.cz. The limits of the Free Service may be limited by time, number of orders, turnover, data volume, number of contacts, features etc.
2.2 Service means the performance of the Provider consisting in the delivery of individual Outgrow services.
2.3 The Price List is information about the amount of payment for the use of the Services. The price of the Services is set out including whether the price is inclusive or exclusive of VAT. The current Price List is available on the Web Interface.
2.4 The Service Contract (or just the “Contract”) means the contract, the subject of which is the performance of the Service to the User. These Terms and Conditions form an integral part of the Contract.
2.5 User means anyone who uses the Services or otherwise enters into legal relations with the Provider through the Web Interface.
2.6 The Web Interface is the interface located at www.outgrow.cz operated by the Provider.
2.7 GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
2.8 The Provider’s content means in particular the set of tools and resources, i.e. all materials, information and works (including works of authorship) supplied by the Provider as part of the Service, which form the functional framework of the Service (form) and its filling (content).
2.9 User Content means, in particular, all materials, information and works (including works of authorship) supplied by the User in connection with the use of the Service, such as texts, images, videos, etc., which may also include works of third parties. The User is always responsible for ensuring that the User Content does not violate the rights of third parties (in particular copyright).
2.10 The Content of the Service is the Provider’s Content and the User’s Content.
2.11 The Terms means these General Terms and Conditions of Globalduck Ltd. for the performance of Outgrow Services.
2.12 Provider or us means company Globalduck Ltd., with its registered office at Vojtěšská 211/6, 110 00, Prague, IN: 09567364, registered with the Municipal Court in Prague under registration number C 338261.
You can contact us through the contact section of this website.
3. Terms of service
Here are the basic points of the terms and conditions between the User and the Provider regarding the production of customised websites for the User. These basic points may be further supplemented and amended separately in an additional contract between the User and the Provider.
- The website operates on the basis of a content management system provided by the Provider. The content management system is software that is designed for the administration of the website by the User, without the need for specific software.
- The source code of the Provider’s content management system is subject to protection under the relevant clauses of the Copyright Act and constitutes a trade secret of the Provider. The Provider does not provide the source code or other assistance to the User in order to make the website operational on a server other than the Contractor’s server, however, at the User’s request, this option may be considered.
- The website contains all functionalities required by the legislation of the Czech Republic.
- The Provider prepares the graphic design of the website (graphic elements and structure) based on the User’s instructions. If the User’s requirements exceed the normal scope of revisions, the Provider is obliged to notify the User and submit a price calculation for approval.
- The website will contain all functionalities to meet the User’s requirements for appearance and features.
- The User is obligated to provide the Provider with the necessary cooperation required for the production of the pages according to this contract, in particular the User is obligated to provide the Provider with all the documents to be used in the production of the graphic design of the pages (e.g. graphic material, photographs, logos) without delay.
- The transfer of ownership and risk of damage from the contractor to the client occurs at the moment of handover and acceptance of the work (by signing the completion certificate).
- Upon payment of the performance price determined individually, depending on the requirements and scope of the work of this agreement, the user obtains a license to use the website in an unlimited scope on the Internet, for an unlimited period of time, in an unlimited territory via the Internet.
Maintenance and security
Maintenance and security are a necessary service that the Provider recommends to the User, but does not require. It is advised to pay attention to the individual points listed below.
Most of the points in this paragraph below regarding Maintenance and Security apply to the majority of the Services, but for the best results of the User’s website, some points are customised by the Provider. These modifications beyond the points in this paragraph are always individually decided between the Provider and the User and their exact scope is defined in the contract. Typically, this includes an increase in the data quota, a more advanced system of updates, scanning activities exceeding the scope etc.
The points listed below in this paragraph are general points relating to the different types of tariffs of the Provider. For a detailed list of the features and prices of each tariff please visit the web interface, prices and details there are regularly adjusted -> Maintenance and Security.
- a non-exclusive licence to use the Contractor’s content management system to the extent necessary for the proper operation of the website, including any future changes,
- regular upgrade of the content management system and individual modules, always once a month,
- the upgrade of the content management system and individual modules always takes place on the first week of the month,
- if the Provider discovers incompatibility of the upgraded version with other tools and programs, the settings of the specific tool or program are reverted to the version before the upgrade and are updated only when the cause of the problem is eliminated,
- data space for the customer on the contractor’s designated servers is within 8 GB (data quota),
- if the User exceeds the data quota of 8 GB, it is necessary to purchase data space, the price varies and is agreed on individually between the Provider and the User,
- the User will be informed in due time by the Provider about exceeding the limit in the form of email communication,
- unlimited data transfer up to 25,000 monthly visits,
- if the User exceeds the data transfer limit of 25 000 monthly visits, it is necessary to purchase higher monthly traffic limits, the price varies and is agreed on individually between the Provider and the User,
- the User will be informed in due time by the Provider about exceeding the limit in the form of email communication,
- regular security checks and related adjustments to ensure maximum safety,
- although we strive for the highest possible security from our role as Provider, the Provider is not responsible for any losses or property damage related to possible attacks and damage to the website,
- daily data backup, individual backups are available for 30 days,
- if the User needs to use any of the backups, it is enough to request the Provider via email: firstname.lastname@example.org and the backup will be immediately used for restoration,
- sending a monthly report to the User’s email, always in the first week of the month,
- sending the monthly report is always done in the first week of the month by the Provider,
- report means information that the Provider deems appropriate and informs the User about it, typically by email, to maximise the results and effectiveness of the User’s website,
- checking the links on the website and correcting them if necessary, or informing the User about errors, always in the first week of the month,
- Review of the basic analytical data and any suggestions for improvement, every three months,
- The Provider shall inform the User in the first week of every third month about the results found and discuss together the correction or optimization of the individual analytical aspects,
- analytical data means the data that the Provider deems appropriate and informs the User about, in order to maximise the results and effectiveness of the User’s website,
- sending a monthly report on SEO values to the User’s email, always in the first week of the month,
- sending the monthly SEO report is always done in the first week of the month by the Provider,
- SEO report means the information that the Provider deems appropriate and informs the User about it, typically by email, to maximise the results and effectiveness of the User’s website in terms of SEO,
- monitoring the availability of the website 24/7, in case of a problem, the contractor is obliged to solve the problem immediately the moment it is detected,
- operation and maintenance of the cookie bar and regular monthly scanning of the User’s website scripts,
- at the User’s request, provide a document with individual cookie consents by the Provider,
- web editing within the specified scope,
- web editing means the tasks performed by the Provider within a predetermined time frame set by the User,
- The price of web editing is set by the Provider and is defined in the contract between the Provider and the User,
- access to licences of third-party tools and programs to which the Provider has purchased permissions and provides them to the User for the needs of a specific product, typically a website,
With regard to the above mentioned points of this paragraph related to Maintenance and Security, it is necessary to add that some of these points are provided by the Provider only if the Provider manages the User’s website on its own server. If this is not the case, the particular service specifications must be addressed between the Provider and the User individually.
4. Price list and payment methods
5.1 The price for the Service is specified in the Price List, which is published on the Web Interface. The Provider reserves the right to unilaterally adjust the price in the Price List.
5.2 Payment for the Service is made in advance and is non-refundable. The User shall pay the Service in advance on the basis of an invoice issued by the Provider according to the selected tariff and frequency of payment with a due date of fourteen (14) days (unless otherwise specified).
5.3 The invoice is sent in PDF format by e-mail to the User on the day of issue and is deemed to have been delivered by sending it to the User’s e-mail. In the case of a proven later delivery, the due date shall be calculated from the date on which the invoice is proven to have been delivered to the User. The Provider shall issue a tax document to the User after payment of the advance invoice. The invoice shall be deemed to be paid at the moment when the relevant amount is credited to the Provider’s account.
5.4 If the User exceeds the limit of the purchased Services within the prepaid period, the Provider sends an invoice at the end of the prepaid period in which the Provider charges the difference between the amounts for the purchased tariff and the tariff actually used in the previous month. The User is informed about it by email.
5.5 The Provider shall be authorised to suspend the provision of the Service to the extent that the User is in overdue in payment of any amount that the User is obliged to pay to the Provider in connection with the use of the Service, although the User has been requested to pay and has been granted an additional period of at least seven (7) days to pay.
5.6 The price of the Service shall be paid by the User by bank transfer.
5.7 The User is obliged to pay the price together with the correct variable symbol of the payment, otherwise the Provider will not be able to identify the payment and start providing the Service.
5.8 The Provider may provide the User with discounts and bonuses on the price. The rules are specified on the Web interface.
5. Duration of the service delivery
5.1 The Contract is concluded for an indefinite period of time, unless otherwise specified in these Terms and Conditions or the Contract, and may be terminated in any of the following ways: a) by agreement of the parties on the date specified in the agreement; b) by termination of the Contract by either party without giving reasons, with one month’s notice commencing on the first day of the following calendar month after the delivery of the notice to the other party.
5.2 In the event of termination of the contractual relationship, the User is not eligible for a refund of the proportionate part of the paid and unused price for the use of the Service.
6. Withdrawal from the contract
6.1 In the event that the User violates any obligation provided by law or the Contract or is in overdue for more than 30 days with any payment for the Service, the Provider has the right to restrict the User’s use of the Service and/or withdraw from the Contract.
6.2 The Provider is also entitled to withdraw, after prior notice and a period of time for correction, if possible, in the event that the User commits a serious violation of good manners and ethical and moral principles when using the Outgrow services.
6.3 In the event of withdrawal from the Agreement, the User is not entitled to a refund of an aliquot part of the price paid for the use of the Service.
6.4 The User-Consumer is entitled to withdraw from the Agreement without stating a reason within 14 days of its conclusion without any penalty.
6.5 In order to exercise the right to withdraw from the Contract, the Consumer is required to inform the Provider of the withdrawal from the Contract electronically to the Provider’s email address email@example.com.
6.6 The price for the Service will be refunded to the User in the same way as it was received, within 14 days of withdrawal from the Contract.
6.7 The User is entitled to complain about the Services, complementary services and other services if they do not match the description on the Web interface, are not provided for the ordered period of time or are otherwise in violation of the Contract and these Terms and Conditions.
6.8 The User is required to notify the Provider of the complaint as soon as possible after discovering the defect (but no later than within 3 months of discovery) to the Provider’s contact email. The complaint should contain a description of the defect and all relevant facts. At the same time as notifying the defect, the User shall notify the manner in which he/she would like to resolve the complaint. You may choose to provide a replacement Service or a free extension of the subscription period, or you may withdraw from the Agreement. If you wish to make a complaint by email correspondence, please contact the Provider at firstname.lastname@example.org.
6.9 The User must exercise the right from the defective performance of Outgrow Services within two days after the Outgrow Services are put back into operation. A claim filed later will be rejected and the User will lose any claims for liability for defects.
6.10 The Provider shall decide on the complaint within seven (7) days. The Provider will inform the User of this by email. If the complaint is found to be justified, the Provider will settle the complaint within thirty (30) days.
6.11 The filing of a complaint does not have a suspensive effect on the payment of the price for the Service provided.
7. Disclaimer of liability
7.1 Use of the Service is at the User’s own risk. The Provider is not liable for any direct or indirect damage or harm, including loss of stored data, resulting from the use or inability to use the Service or the Web interface. Should the Provider be found liable for damages or injury notwithstanding the foregoing, such liability shall be limited only to the amount of payment for the Service for the last 30 days of the subscription.
7.2 The Provider is not liable for the inability or limitation of the Service used by the User caused by malfunctions of the Internet network, as well as other circumstances of a technical nature that the Provider is unable to influence or whose solution requires the cooperation of third parties (e.g. unavailability of the server used by the Provider for the operation of the Service).
7.3 The Provider shall not be liable for errors resulting from third party interference with the Web Interface or the Service or as a result of their use contrary to their intended use. When using the Web interface and Services, the User must not use mechanisms, software, scripts or other procedures that could have a negative impact on its operation, i.e. In particular, the User may not interfere with the system’s function or place unreasonable burden on the system, nor may the User perform any activity that could enable the User or third parties to interfere with or make unauthorised use of the software or other components comprising the Web Interface and the Service, or use the Web Interface or the Service or any part thereof or the software in a manner contrary to its purpose or intent.
8. Concluding provisions
8.1 If the relationship related to the use of the Web Interface or the legal relationship established by the contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
8.2 Where the law, the Contract or these Terms and Conditions require communication in writing, it shall be sufficient if the message is sent by e-mail or other means of electronic communication that leave no doubt as to the content of the message and the sender.
8.3 If the User, through his/her own fault, makes it impossible for the Provider to effectively deliver documents to him/her (in particular by failing to provide the Provider with a current email address), this shall constitute a hindrance of delivery ( as defined in Section 570(1) of the Civil Code) and it shall be deemed that the document sent to the last known email address of the User has been properly delivered to the User on the third day after it was sent.
8.4 This current version of the Terms and Conditions is valid and in force from 5.9.2022.