Policies

EFFECTIVE FROM 01.06.2021 Terms and Conditions for Services and Products Provided by Techium, Ltd.

1. GENERAL PROVISIONS – Techium Ltd., with registered office at Nábrežie Hornádu 3388/9, 05201 Spišská Nová Ves, Slovak Republic, Company ID: 53 527 275, registered in the Commercial Register maintained by the District Court of Košice I, Section: Sro, Insert No. 50592/V (hereinafter referred to as the “Provider”) is a provider of services in the field of internet, advertising, and other services listed on the website www.e-techium.com. The Client is a natural or legal person, either a direct customer (end recipient of services) or an advertising or media agency requesting any of the provider’s services.

2. SERVICE PROCUREMENT – Services will be provided based on a written, faxed, or emailed order or contract. If services are provided based on a contract concluded in a form other than written, the contract is concluded only upon payment of the provider’s pro-forma invoice. The order becomes binding for the provider only after its written acceptance. Acceptance by email or fax message is also considered written acceptance. The acceptance of the order by the provider or, if it is not a written contract, the payment of the advance invoice by the client, constitutes the conclusion of a service provision contract. The commencement of service provision is subject to fulfilling the agreed payment or other conditions stated in the contract. The order must contain: the Client’s Company ID; VAT ID; address of the Client’s registered office; mailing address of the Client if different from the registered office address; contact person; phone; fax; email; service specification; type of service, service provision date, and price. All documents and materials necessary for the provision of services must be provided to the provider by the Client no later than 3 working days before the start date of service provision. From the moment of contract conclusion between the provider and the Client until the end of service provision, the Client is obliged to provide all cooperation necessary for providing the agreed services. The provider reserves the right to refuse, suspend, and/or cancel the provision of services if:

• Submitted materials do not comply with the provider’s requirements or do not correspond to these terms and conditions.
• The materials have not been submitted at least 3 working days before the start of service provision.
• The client’s requirements are inconsistent with good morals, ethical rules, and/or jeopardize public order.
• The requested service, in terms of quality, form, or content, does not meet the provider’s standards or legitimate interests.
• The Client is overdue with payment for the services.

3. SERVICE PROVISION – The Provider is entitled to involve third parties (subcontractors) in fulfilling the contract, but the Provider remains responsible for fulfilling the contract as if they were performing it themselves. The Provider is entitled to proceed with the provision of services without Client’s instructions. However, the Provider is entitled to request Client’s instructions at any time. Until instructions are provided, the Provider can interrupt the provision of services in such cases. The Provider’s liability for damage or non-property damage incurred by the Client is excluded if the Provider acted in accordance with the Client’s instructions. All copyright to works created during the fulfillment of this contract belongs to the Provider. The Provider grants the Client a non-exclusive, non-transferable license to use these works for the Client’s internal purposes. If the license fee is not separately stated in the order or contract, it is included in the service price. The Client grants consent for the Provider to use the company name, logo, samples of the Provider’s activities, or URL addresses in the Provider’s references. If the Client, for serious reasons, requests exclusion from references in writing, the Provider will comply. The Client undertakes to adhere to safe computer usage principles when working with the Provider’s products, including those of subcontractors. Failure to comply forfeits the Client’s right to claim remedies for defective performance and the right to demand compensation for damage or non-property loss from the Provider. The Provider’s total liability for damage or non-property loss arising in connection with the provision of services is limited to twice the price of these services (excluding VAT). However, the Provider is not liable for data loss or distortion, lost profits, loss of business opportunity, or any indirect or consequential damages. The right to claim compensation for damage or non-property loss shall expire one (1) year from the day when this right could have been first claimed. Unless explicitly agreed otherwise, the Provider will exclusively provide services to the Client. The Provider bears no responsibility for any damage incurred by third parties. If any claims are made against the Provider by a third party in connection with the provision of services, the Client is obligated to indemnify the Provider for all damage and other losses arising from such claims.

4. FINANCIAL CONDITIONS – The Provider is entitled to request a deposit or advance payment of the price. The relevant amount must be credited to the Provider’s account no later than five (5) working days before the start of service provision. If the payment is not properly and timely credited to the Provider’s account, the Provider is not obligated to provide the service. The usual due date for invoices is 14 days. In the event of a delay in payment, the Provider is entitled to charge interest on arrears at a rate of 0.05% of the outstanding amount for each day of delay. Tax documents (invoices) for properly paid services are issued within 14 calendar days from the day of payment receipt; within 14 calendar days after the end of service provision; or within 14 days after the end of the calendar month, whichever occurs sooner. The service price becomes due regardless of invoice issuance. A service is considered properly paid if it has been paid for in the amount specified in the respective order (contract) and under the variable symbol indicated in the respective order (contract). The service price is quoted without VAT. VAT according to applicable legal regulations will be added to the service price.

5. TERMINATION OF CONTRACT – Termination of Contract: If the Client wishes to cancel a confirmed order and signed contract, the Client may terminate the contract with a notice period of one month. The notice period starts on the first day of the following month after the notice is delivered to the Provider. Contract Withdrawal: In case of the Client’s delay with the payment of the service price or other payment, or with the provision of necessary materials or cooperation, the Provider is entitled to withdraw from the contract at any time. Either party is entitled to withdraw from the contract at any time in the event of bankruptcy or imminent insolvency of the other party, in the event of insolvency proceedings against the other party, or in the event of the other party entering liquidation. Termination of the contract does not affect the Provider’s right to payment for services provided during the term of the contract. If the contract is terminated by the Client or for reasons on the Client’s side, and this does not grant the Provider the right to payment for certain services, the Provider is entitled to demand compensation for the costs incurred in providing or preparing to provide these services. Termination of the contract does not affect the validity of provisions that, due to their nature, bind the parties even after the contract has ended.

6. COMPLAINTS – In the event of incorrect service provision due to the Provider’s fault, the Client is entitled to demand a remedy. A remedy means the elimination of defects or errors in the provision of services. The Provider is entitled to choose which remedy to use. The Client is entitled to raise complaints within three (3) months from the day when the defect or error in service provision became apparent. If the Client does not raise complaints within this period, they forfeit this right. If the defect or error in service provision is substantial, the Client is entitled to withdraw from the contract or to a discount on the price. Complaints must be made in writing and delivered to the Provider without undue delay after the defect or error in service provision becomes apparent. The complaint must contain a description of the defect, the date of its occurrence, the invoice number, and the affected service. The Provider is not liable for defects or errors in the provision of services caused by the Client’s side, including incorrect, incomplete, or late delivery of materials necessary for the provision of services.

7. PRIVACY POLICY – The Provider processes personal data in accordance with the relevant provisions of the Data Protection Act. By concluding a contract with the Provider, the Client grants consent to the processing of their personal data necessary for fulfilling the contract. The Provider will not provide personal data to third parties without the Client’s consent. The Provider will use the personal data provided by the Client only for the purposes of fulfilling the contract, sending commercial messages, and for its internal needs. The Client has the right to access their personal data and the right to correct it. The Client has the right to refuse to process their personal data for the purpose of direct marketing.

8. FINAL PROVISIONS – The relationship between the Provider and the Client is governed by the laws of the Slovak Republic. If any provision of these terms and conditions is or becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties are obliged to replace the invalid or unenforceable provision with a new provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision. All disputes arising out of or in connection with this contract will be finally resolved by the competent Slovak courts.