Terms and Conditions for Providing Software Product
1. Introductory Provisions
These Terms and Conditions (the “Terms”) define the basic terms and conditions of business and the relations between AUTOCONT a.s., company ID: 04308697, registered in the Commercial Register with the Regional Court in Ostrava, file number B 11012, registered office at Hornopolní 3322/34, Moravská Ostrava, 702 00 Ostrava (“AUTOCONT”), and its customers in the provision of products and services.
Any conditions and relations not specified in these Terms are governed by the legal order of the Czech Republic in general and the relevant provisions of Act No. 89/2012 Sb., Civil Code, and the provisions of Act No. 121/2000 Sb., the copyright act, in particular.
2.1. Advance Payment Document – prescribed payments of the Subscription Price; is not a tax document. The document has the prefix PRO-FORMA and a serial number.
2.2. AUTOCONT Website – the website at www.acdynamics365.cz operated by AUTOCONT.
2.3. Licence Operator – a business entity (an individual or legal entity) that uses the Software Product for meeting its operational needs in its own business and/or a non-profit organization that uses the Software Product for meeting its operational needs.
2.4. One-Month Subscription – is defined as 1 calendar month of the duration of the Subscription after the end of the Trial Period.
2.5. One-Year Subscription – is defined as the 12 calendar months of the duration of the Subscription after the end of the Trial Period.
2.6. Order – is a binding email document containing the following:
- Identification of the subject of the Order;
- Product’ name and the number of licences;
- Type of license;
- dentification of the Licence Operator – company name, Tax ID, registered office/address, the name and email of the contact person of the Licence Operator. Identification number is required with customers from the Czech Republic;
- Method of delivery or the place where the service is to be provided;
- Payment method.
2.7. Payment Card – non-cash payment instrument issued by a bank, typically a debit or credit card Visa, MasterCard, etc.
2.8. Period – is a month (the One-Month Subscription) or a year (the One-Year Subscription).
2.9. Proportional Annual Subscription Price – is defined as follows, in the case of:
- an increase in the number of the Product licences in the last calendar month of the One-Year Subscription, the Proportional Annual Subscription Price is calculated from the day following the date of the increase in the number of the Product licences until the end of calendar month;
- an increase in the number of licences of the Product during the One-Year Subscription, the Proportional Annual Subscription Price is calculated from the day following the date of the increase in the number of licences of the Product until the end of the One-Year Subscription, with the tax document – invoice being issued immediately;
- a reduction in the number of licences of the Product, the negative Proportional Annual Subscription Price is calculated from the first day of the month after the date the number of the Product’s licences is reduced.
2.10. Proportional Monthly Subscription Price – is calculated from the day following the day the number of the Product’s licences is increased until the end of calendar month. After the end of the Trial Period, the Proportional Monthly Subscription Price is calculated from the day following the end of the Trial Period until the end of calendar month. The Proportional Monthly Subscription Price does not include the deactivation of the number of the Product licences or the termination of the One-Month Subscription.
2.11. Registration Form – the essential elements of the registration form are:
- Identification of the Licence Operator – corporate name or individual’s name, the name and email of the contact person of the Licence Operator.
2.12. Software Product or Product – a set comprised of AUTOCONT software extending the Microsoft Dynamics 365 platform products; electronic documentation; and the original Software Product’s updates and add-ons provided by AUTOCONT. The Software Product is not the subject of any selling transaction; the transaction is the granting of the right, limited in time, to use the Software Product.
2.13. Stripe – online service for keeping records of Subscriptions, Subscription Prices and their payments via online payments.
2.14. Subscription – a contractual relationship formed by the payment of the Subscription Price and consisting in the Licence Operator’s right to use the Product.
2.15. Subscription Price – the amount paid by the Licence Operator for the use of the Product.
2.16. Term of Subscription – the period for which the Subscription lasts.
2.17. Tenant – the designation and identification of the Licence Operator in Microsoft Cloud Services.
2.18. Trial Period – the period for the Licence Operator to test the Product. The Trial Period is 30 days.
2.19. Trial Version – the Product used by the Licence Operator during the Trial Period.
2.20. Trial Version Activation – the completion of the Registration Form in the Microsoft Dynamics 365 environment.
3. Software and Services
The Licence Operator is only entitled to use the Software Products after accepting these Terms.
3.2.1. Customer Support
The customer support services available to the Licence Operator include:
- email support: provided via the dedicated email box email@example.com; replies will be sent by email within 5 business days;
The Licence Operator’s contact person may only use the customer support services for the current versions of the Software Products for the duration of the Subscription thereof.
The customer support services defined in these Terms are solely provided by AUTOCONT.
3.2.2. Software Product Customisation. Training
The Licence Operator may request having the Software Product customised to his own requirements. In such a case, the parties agree in particular the following:
- the subject-matter of the Software Product’s customisation;
- when the customisation is to be made;
- the price for the customisation.
The Licence Operator may request training in using the Software Product, in which case the parties are to agree in particular the following:
- duration and dates for the training;
- training’s venue;
- number of attendees;
- price for the training.
4. Orders and Processing Thereof
The Software Products and the customer support services related thereto can be obtained by downloading the Software Products from Microsoft AppSource. Thereby the Licence Operator first gains the authorisation to use the Software Product free of charge over the Trial Period. Unless the Licence Operator pays the Subscription Price for the following Period during the Trial Period, the Licence Operator will not be able to use the Software Product after the end of the Trial Period.
By downloading the Software Product and checking the appropriate box on the Registration Form in the Microsoft Dynamics 365 environment, the Licence Operator expresses his consent to these Terms, the Trial Period starts automatically and the Trial Version is made available.
The Licence Operator may complete his Order any time during the Trial Period. The payment of the Software Product’s Subscription Price does not reduce the Trial Period.
Once an Order is completed, it starts to be processed. The Order is automatically sent to the specified email of the Licence Operator’s contact person and AUTOCONT’s contact email.
If using multiple Tenants, the Licence Operator must pay the Subscription Price for each Tenant separately
5. Price and Terms of Payment for Subscription
The Subscription Price is listed on the AUTOCONT website or communicated upon sending a request to firstname.lastname@example.org. The Subscription Price is specified as either One-Month Subscription price or One-Year Subscription price.
Advance payment documents are issued in English and EUR only. Tax documents – invoices are issued the euro currency, in Czech or English.
The Subscription Price is payable after the end of the Trial Period.
The Licence Operator chooses the form of payment of the Subscription Price.
The price for the One-Month Subscription may only be paid with Payment Card. The amount is automatically debited from the Licence Operator’s Payment Card registered in the STRIPE system until the Licence Operator terminates the Product’s Subscription. Upon successful completion of the payment, the Licence Operator will automatically receive the Advance Payment Document and payment confirmation in the contact email specified in the Order. Advance Payment Documents are issued periodically, always as at the first day of each calendar month, and include the price for the One-Month
Subscription and the Proportional Monthly Subscription Price not yet billed.
The price for the One-Year Subscription may be paid with Payment Card or on the basis of an Advance Payment Document.
- Payment Card payments are automatically debited from the Licence Operator’s Payment Card registered in the STRIPE system until the Licence Operator terminates the Product’s Subscription. Upon successful completion of the payment, the Licence Operator will automatically receive the Advance Payment Document and payment confirmation in the contact email specified in the Order.
- Where Advance Payment Document method is chosen, the contact person listed in the Order receives the Advance Payment Document that will fall due on the 7th day. In this case, the Licence Operator chooses his payment method from those available in Stripe. Advance Payment Documents are issued periodically, always as at the first day of each One-Year Period, and include the price for the One-Year Subscription and the Proportional Annual Subscription Price not yet billed.
AUTOCONT will issue the tax document – invoice within 15 days of the payment of the Subscription Price.
6. Termination of Subscription
Unless the Licence Operator pays the Subscription Price by the specified date, the Subscription terminates automatically.
The Licence Operator makes changes to the Product’s licences in the Microsoft Dynamics 365 environment independently. The Licence Operator has the right to terminate the current Subscription at any time. The termination of the One-Month Subscription forms no right for the Licence Operator to receive any financial compensation. The termination of the One-Year Subscription of the last Product does form the right for the Licence Operator to have any unbilled Proportional Annual Subscription Price settled.
7. Limitations of Warranty
AUTOCONT does not warrant that the Software Product will meet all requirements of the Licence Operator’s users. The following are not covered by warranty and are not regarded as defects of the Software Product or defects or damage caused by the Software Product:
- where the Software Product is used contrary to the Product’s online documentation;
- the absence of features or functions which are not listed in the online documentation;
- the fact that the Software Product does not incorporate legislative changes, if any, not known to AUTOCONT at the time of the development of the Software Product;
- where the Software Product is operated on inappropriate hardware or hardware that is contrary to the current recommended system requirements listed in the documentation or updated on AUTOCONT’s Website;
- the fact that the Software Product does not run on hardware that is not generally available at the time of the development of the Software Product or on hardware or an operating system that is not supported;
- where the Software Product is operated in an incorrectly set operating environment;
- where the Software Product is operated in conjunction with third-party programs that prevent trouble-free operation of the Software Product;
- where a user of the Licence Operator (or any other person authorised by the Licence Operator) interferes with data, configuration and application files by means other than the Software Product supplied.
The Operator of the Software Product’s Licence must regularly backup and archive data and check the resulting backup is free of error. AUTOCONT is not liable for any loss or damage to any data that have not been backed up properly.
AUTOCONT is not obliged to provide customer support for and develop or maintain older versions of the Software Product.
AUTOCONT is liable for any proven damage caused by AUTOCONT by breaching its obligations. AUTOCONT is not liable for any lost profits of the Licence Operator.
AUTOCONT is only liable for actual damage, to a maximum of the price for the One-Year Subscription.
8. Final Provisions
AUTOCONT is the processor of the personal data of the Licence Operator if the Licence Operator is an individual. AUTOCONT is also the processor of the personal data of the contact person specified, to the extent of the personal data processing actions pertinent to concluding and performing the Order. In the meaning of Article 13 of the General Data Protection Regulation (GDPR) the information on each aspect of personal data processing by AUTOCONT is provided to you, in the act of concluding the Order, in a separate document available at https://www.autocont.com/about-company/gdpr.
All written instruments, documents etc. shall be delivered to the parties exclusively by electronic means to the email email@example.com or to the Licence Operator’s email address specified in the Order.
These Terms are without prejudice to the relevant provisions of the Copyright Act and other legal regulations regulating the use of computer programs and databases and penalties for their illegal use.
The invalidity or ineffectiveness of any provision of these Terms is without prejudice to the invalidity or ineffectiveness of these Terms as a whole.
AUTOCONT is entitled to amend these Terms unilaterally. AUTOCONT is obliged to publish the new version of the Terms on its website without undue delay or send the same or the information about it to the Licence Operator’s email address. The Licence Operator must get acquainted with the amended version of the Terms. If the Licence Operator continues to accept services or other performance provided by AUTOCONT, the amended Terms become binding on the Licence Operator on the date, and with effect as from the same, the Licence Operator accepts the service or performance. AUTOCONT is obliged to publish the new Terms no later than two months prior to their taking effect. The Licence Operator has the option to refuse such change to the Terms by giving 2 months’ notice of termination, which starts running once the notice of termination reaches the addressee. Unless the other party gives notice within 15 days of the notice of a change to these Terms, the other party is taken to have consented to the change to the Terms.
These Terms take effect on the date of publication, namely on 1 August 2021. Any previous version of the Terms ceases to be valid on the said date.