Terms of use

General Business Terms and Conditions and Terms of Use for Protokolos Website

version applicable as of 1 January 2016

  1. Initial Provisions

    1. 1.1. Protokolos’ website located at www.protokolos.com and accessible from www.protokolos.net, www.protokolos.eu and www.protokolos.cz or via the Protokolos mobile application for iOS and Android (hereinafter “Protokolos”) is operated by Protokolos system s.r.o., Identification No. 037 14 951, with its registered office at Nad Šutkou 540/14, Kobylisy, 182 00 Prague 8, registered in the Companies Register administered by the Municipal Court in Prague, File No. C 236596 (hereinafter the “Operator”).
    2. 1.2. Protokolos’ website is an automated system designed to connect Users of the website (as defined below), subject to the terms and conditions outlined below.
    3. 1.3. These General Business Terms and Conditions and Terms of Use (hereinafter the “Terms and Conditions”) govern the rights and obligations of the Operator and Users in using Protokolos’ website, as well as other associated legal relationships between these parties.
  2. Definitions

    1. 2.1. User – any individual (natural person) with full legal capacity who is 18 years of age or older or any legal entity which has duly registered on Protokolos’ website. Each person may register only once, i.e. the User may only act under one user account.
    2. 2.2. Customer – a User who uses Protokolos’ website to find a Service to be provided.
    3. 2.3. Provider – a User who offers a Service via Protokolos’ website. A Provider can only be a User who has complied with all requirements imposed by law for the Service to be provided, including, but not limited to, a User who has the relevant trade license or another authorization, and, by providing the Service, does not breach any duty by which it is bound, including, but not limited to, the confidentiality duty, the loyalty duty, the duty to protect business secrets, the duty to abide by the ban on insider trading, a license covenant or any other contractual or statutory duty.
    4. 2.4. Services Agreement – an agreement entered into by and between the Customer and the Provider whereunder the Provider will agree, without limitation, to provide a service to the Customer (hereinafter the “Service”) and the Customer agrees, without limitation, to pay a fee to the Provider for the Service (hereinafter the “Fee”).
    5. 2.5. Harm – means any harm to property and/or assets (damage) and non-property harm.
  3. Registration on Protokolos’ website; Using Protokolos’ website

    1. 3.1. By registering on Protokolos’ website, the User confirms that he/she is an individual (natural person) with full legal capacity who is 18 years of age or older, or that it is a legal entity, and that he/she/it has become familiar with, understands, and agrees to be bound by and follow these Terms and Conditions.
    2. 3.2. The Operator has full discretion to decide whether to approve a User’s registration; the Users have no right whatsoever to demand that they be registered.
    3. 3.3. In, and in connection with, using Protokolos’ website, the User agrees to abide by all generally binding laws and good morals and to refrain from any conduct which could harm, damage or overload Protokolos’ website or cause any Harm to Protokolos’ website, the Operator or other Users.
    4. 3.4. The User agrees that all information to be uploaded to or exchanged via Protokolos’ website will be true, complete and accurate, and will not be misleading in any substantial aspect. The User hereby acknowledges and agrees in this connection that the Operator is not liable in any manner whatsoever for any mistakes or any false, incomplete and/or inaccurate information posted or exchanged by another User on or via Protokolos’ website.
    5. 3.5. Registration on Protokolos’ website is free for Providers and for a fee for Customers; the fees are listed in the current pricelist at www.protokolos.com
    6. 3.6. By registering, the Provider declares, in conjunction with the provisions of Clause 2.3 hereof, that it does, and at the time the Service is to be provided will, comply with all requirements for the Service to be provided, and does not breach any of its duties by providing the Service.
    7. 3.7. The User may adjust its registration information anytime or request the Operator via Protokolos’ website to deactivate its user account.
    8. 3.8. As regards registration on and use of Protokolos’ website, the Provider agrees to refrain from posting its contact details, such as telephone number, e-mail, and website reference, logo, etc. to any place other than the designated box stipulated by the Operator. The Provider especially agrees to refrain from including the contact details in its username, business description, pictures, profile video, etc.
    9. 3.9. The User agrees to be the sole user of its user account. The User agrees to protect its user account against any misuse by third parties and acknowledges and agrees that it will be held fully liable for any misuse of its user account.
    10. 3.10. By registering on Protokolos’ website, the User grants its consent to the Operator to collect, process and store the personal data which it entered during registration, subject to the terms and conditions imposed in the document titled “Protokolos’ website Users’ Personal Data Handling Information” available at www.protokolos.com
    11. 3.11. The User agrees that the Operator may, via Protokolos’ website, make available its personal data (such as first name, last name, company name, address, telephone number, e-mail) to any other User to mediate contact between the Users of Protokolos’ website with the aim of entering into a Services Agreement between the particular Users.
    12. 3.12. The User acknowledges that the Operator, when selecting and recommending a suitable Provider to enter into a Services Agreement, follows objective factors as defined by the Customer in mutual communications and does not favour or make any other advantage to the benefit of a particular Provider.
    13. 3.13. The User acknowledges that the mediation of contacts on Protokolos’ website takes place only among registered Users. For that reason, the database of Providers maintained by the Operator cannot be considered full or exhaustive.
    14. 3.14. The User consents that the Operator or Protokolos’ website will send automated messages generated by Protokolos’ website associated with the demand for or offering of Services or any other information regarding Protokolos’ website.
    15. 3.15. The User represents and warrants that it is and will be the author of all copyrighted texts, pictures, videos, attachments or any other pieces of work made available on Protokolos’ website (hereinafter a “File”), and that it is and will be authorized to handle such Files as much as necessary. By uploading a File to or making it available on Protokolos’ website, the User grants the Operator a free and non-exclusive license to use the File for as long as the User’s account is active.
    16. 3.16. The Operator may at anytime remove all Files uploaded to or made available on Protokolos’ website. Moreover, the Operator may reserve the right to grant prior consent to making a File available, with such option to be available in the Protokolos’ website settings. This is without prejudice to the Operator’s right granted in Clause 6.4 hereof. The Provider may choose the form of its profile using the options and settings on Protokolos’ website. The Operator may change or cancel the form of the Provider’s presentation without having to disclose any grounds therefor.
    17. 3.17. The User agrees to refrain from using the contents of Protokolos’ website, or making the contents available to any third party to use them, without the Operator’s prior written consent.
    18. 3.18. The legal relationship between the User and the Operator which is established when the User registers on Protokolos’ website is governed by the laws of the Czech Republic and applicable EU laws.
  4. Services Agreement

    1. 4.1. The User acknowledges and agrees as follows:
      1. the Operator is not a party to the Services Agreement;
      2. the particular contents of the Services Agreement, i.e. the individual rights and obligations owed between the Customer and Provider, is exclusively the Customer’s and Provider’s matter, and the Operator cannot be held liable and/or demanded to compensate any Harm which the Customer and/or Provider may suffer under or in connection with the particular Services Agreement;
      3. the Operator does not guarantee to the Customer in any manner whatsoever that the Provider is sufficiently qualified to provide the Service and cannot be held liable if the Provider is not sufficiently qualified;
      4. the Operator does not guarantee to the Customer or the Provider in any manner whatsoever that the Services Agreement is to be duly performed by the parties thereto, and cannot be held liable if it is not duly performed;
      5. the Customer must raise all warranty claims regarding the Services with the Provider;and
      6. the Operator is not liable for any Harm which the User may incur directly or indirectly as a result of using Protokolos’ website.
    2. 4.2. The Provider agrees to inform the Operator of the following via Protokolos’ website:
      1. each Services Agreement entered into (whether verbally, in writing or otherwise) with the Customer within 7 days of the execution thereof; and
      2. the amount of the Commission referred to in Clause 5.2 hereof within 7 days after the Service under the Services Agreement is provided.
      The Provider acknowledges and agrees that the Operator may verify with the particular Customer the accuracy and completeness of the information made available by the Provider.
    3. 4.3. Customers may evaluate their satisfaction with the Provider and with how the particular Service was provided (hereinafter the “Reference”). The Provider acknowledges and agrees that References will be available to all Users on Protokolos’ website and that the Operator is not liable for the contents of the References.
    4. 4.4. The Customer acknowledges and agrees that it may evaluate its satisfaction with the Provider and with how the particular Service was provided by the Provider only once, i.e. by a single Reference.
    5. 4.5. The Customer hereby agrees in this connection to refrain from any conduct when making a Reference which would lead to deliberate or unauthorized harm to the goodwill and reputation of competitors, and which would be in conflict with competition rules.
    6. 4.6. The Services Agreements are to be governed by the law agreed or determined for the relevant legal relationship between the Provider and the Customer.
  5. Commission

    1. 5.1. If (i) the Customer and the Provider enter into a Services Agreement, (ii) the Provider completes the Services thereunder, and (iii) the Customer pays the Fee to the Provider under the Services Agreement, the Provider agrees to pay the Operator the commission (hereinafter the “Commission”), unless these Terms and Conditions set forth otherwise.
    2. 5.2. The amount of the Commission is a percentage of the amount of the final Fee (VAT not included) agreed between the Customer and the Provider. The percentage used to calculate the Commission is to be agreed between the Customer and the Provider.
    3. 5.3. If the Provider is a VAT payer, the amount of the Fee without VAT is to be used in calculating the Commission.
    4. 5.4. The Provider agrees to pay the Operator the Commission on each Service between the Customer and the Provider in the currency in which the fee was paid or in any of the following world currencies: EUR, USD, RUB, CNH, GBP, JPY, CZK.
    5. 5.5. The Commission falls due on the 5th day of the month immediately following the month in which the Operator’s right thereto is established as per Clause 5.1 hereof, and is to be paid by wire transfer via PayPal to the Operator’s account. The registration number of the User who makes the payment must be included. The Commission is to be deemed to have been paid at the moment it is credited to the Operator’s PayPal account.
    6. 5.6. For the avoidance of doubt, the Operator is not to be held liable for any harm which could be suffered in connection with using PayPal, especially harm resulting from PayPal’s payment services being unavailable, by transferring the Commission to a wrong account, etc.
    7. 5.7. If the Customer and the Provider do not enter into a Services Agreement, the Provider is not required to pay the Commission to the Operator.
    8. 5.8. However, the Operator has the right to receive the Commission if the Service is not provided due to the Provider’s fault.
    9. 5.9. If the Provider defaults on paying the Commission, it agrees to pay to the Operator default interest in the amount of 0.01% of the overdue amount for each day of default.
  6. The Operator’s Rights and Limited Liability

    1. 6.1. The Operator grants no guarantees to the Users whatsoever as to the functionality or availability of Protokolos’ website.
    2. 6.2. The Operator is not liable for storing any data uploaded or exchanged by the User to or via Protokolos’ website or any data documenting the Users’ activity on Protokolos’ website.
    3. 6.3. The Operator reserves the right to restrict the User’s access to its Protokolos account, especially if the User breaches any of the duties imposed by these Terms and Conditions, such as if the User fails to pay the Commission to the Operator duly and on time. The restricted access to the User is without prejudice to the User’s duty to comply with and perform its obligations to the Operator.
    4. 6.4. The Operator reserves the right to remove any information uploaded by the User to Protokolos’ website and/or to deactivate and subsequently delete the User’s account without having to disclose the grounds therefor or without the User’s prior request, especially if the User breaches any provision of these Terms and Conditions.
  7. Provider’s Other Duties

    1. 7.1. The Provider represents that it complies with all requirements imposed by law for the Service to be provided, including, but not limited to, that it has the relevant trade license or another authorization, and, by providing the Service, that it does not breach any duty by which it is bound, including, but not limited to, the confidentiality duty.
    2. 7.2. The Provider agrees to refrain from making a Customer’s contact details available to a third party without the Operator’s explicit consent and to refrain from recommending any other provider to the Customer.
    3. 7.3. Should the Provider find out for any reason whatsoever that it is not capable of completing the Service, it agrees to refrain from assigning the task (the Service) to a third party. Instead, it agrees to recommend the Customer to request another Provider by sending an email to admin@protokolos.com
    4. 7.4. The Provider acknowledges and agrees that any breach of its duties, especially those imposed in Clauses 4.2, 5.1, 5.4, 7.1 or 7.3 hereof, constitutes a gross breach hereof which authorizes the Operator to:
      1. immediately cease to cooperate with the Provider and deactivate and subsequently delete the Provider’s user account;
      2. disable such User from re-registering on Protokolos’ website; and
      3. request the Provider to pay a contractual penalty hereunder in the amount of up to ten times the Commission under the Services Agreement which the Operator lost due to the Provider’s breach of these Terms and Conditions.
  8. Change of these Terms and Conditions

    1. 8.1. The User acknowledges that the Operator may unilaterally change the Terms and Conditions to a reasonable extent, especially due to changes in law, as well as the technical settings of Protokolos’ website, etc.
    2. 8.2. The new version of these Terms and Conditions does not apply to legal relationships established under or associated with Services Agreements (and the rights and obligations resulting therefrom and associated therewith) which are entered into before the new version of these Terms and Conditions takes effect.
    3. 8.3. The Operator agrees to inform the User via Protokolos’ website of any scheduled change to these Terms and Conditions at least 14 days before the date on which the new version is to take effect.
    4. 8.4. The User may refuse to accept the new version of these Terms and Conditions by sending a request to the Operator to deactivate the User’s account via Protokolos’ website. If the User does not refuse the new version of these Terms and Conditions in such a manner, it is deemed to have accepted the new Terms and Conditions.

Protokolos’ Information Privacy Policy

version applicable as of 1 January 2016

  1. Initial Provisions

    1. 1.1. Protokolos system s.r.o., Identification No.: 037 14 951, with its registered office at Nad Šutkou 540/14, Kobylisy, 182 00 Prague 8, registered in the Commercial Register administered by the Municipal Court in Prague under file no. C 236596 (hereinafter the “Operator”) operates the Protokolos website at www.protokolos.com (hereinafter “Protokolos’ website”). The Operator collects, processes and stores some personal data about users of Protokolos’ website (hereinafter the “User”) in accordance with Act No. 101/2000 Coll., on Personal Data Protection, as amended (hereinafter the “Personal Data Protection Act”).
    2. 1.2. This document contains information on the scope and purpose of such personal data processing, who process the personal data, the manner of processing and who is authorized to see the personal data. In addition, this document contains information on the right of Users to access their personal data, the right to correct their personal data and other rights and obligations stipulated in the Personal Data Protection Act.
  2. Purpose of Collecting, Processing and Storing Users’ Personal Data

    1. 2.1. In accordance with the Personal Data Protection Act, Users’ consent is not required in respect of personal data which are collected, processed and stored for the following purposes:
      1. to protect the Operator’s rights and legally protected interests; and
      2. to maintain the User’s account.
    2. 2.2. The Operator collects, processes and stores Users’ personal data only in relation to the operation of Protokolos’ website. Users’ consent is required in respect of personal data which are collected, processed and stored for the following purposes:
      1. to mediate contacts between Users; and
      2. to send information and business notifications to Users.
  3. Scope of Collected, Processed and Stored Personal Data

    1. 3.1. The Operator processes Users’ personal data only to the extent necessary for fulfilling the purposes specified above.
    2. 3.2. The Operator collects, process and stores the following personal data: a User’s given name, surname, address, telephone number, e-mail, username, password, information on inquired/made services on Protokolos’ website; where the User provides a service, the following information is collected, processed and stored: Identification No. (IČO) if the User has one, bank account number, place where the User provides its services, and experience or specializations (all the foregoing hereinafter the “personal data”). Depending on the specific purpose of the personal data processing, only the necessary range of the given User’s personal data will be used.
  4. Duration of Personal Data Processing

    1. 4.1. The Operator collects, processes and stores Users’ personal data for the duration of the relevant contracts and for the period of three (3) years following the termination thereof unless the relevant legal regulations stipulate otherwise.
    2. 4.2. A User’s personal data are processed for the purposes of sending information and business notifications until the User withdraws its consent with such processing.
  5. Manner of Personal Data Processing

    1. 5.1. The Operator collects a User’s personal data when said User registers and uses Protokolos’ website. The Operator collects a User’s personal data also from public sources (public registers, evidences or lists, internet etc.).
    2. 5.2. Users’ personal data processed in connection with the operation of Protokolos’ website are processed electronically in an automated manner, as well as with the possible use of third party support and systems, under the terms and conditions stipulated in the Personal Data Protection Act and other legal regulations.
    3. 5.3. Users’ personal data are collected, processed and stored exclusively in the Czech Republic; no transfers of personal data to other states are occurring or will occur.
  6. Persons to which Users’ Personal Data can be disclosed

    1. 6.1. The Operator is entitled to authorize another person to process Users’ personal data (hereinafter the “processor”). The authorization of said processor and the processing of Users’ personal data shall be provided according to a contract on personal data processing and under the terms and conditions stipulated in the Personal Data Protection Act and other legal regulations.
    2. 6.2. Users’ personal data processed for the purpose of the operation of Protokolos’ website will be disclosed to the Operator’s designated employees and members of the statutory body responsible for processing the Users’ registration and for the operation of Protokolos’ website. Users’ personal data processed for the purpose of the operation of Protokolos’ website may be disclosed to such persons for the purpose of sending information and business notifications.
    3. 6.3. In order to mediate contacts between Users, the personal data may be disclosed to other Users only to the extent necessary in order to achieve such purpose. Further details are contained in the “General Business Terms and Conditions and Terms of Use for Protokolos’ Website”.
  7. Cookies

    1. 7.1. Cookies are small files containing specific information that serves the Operator and contracting authority of business notifications that are displayed within Protokolos’ website in order to identify a User’s computer during communication with Protokolos’ website and subsequent use of certain functions of Protokolos’ website. These files are saved via the User’s web browser on his/her hard drive. Cookie storage is based on the User’s consent, which can be withdrawn anytime in the User’s web browser settings. To use certain services, the Operator may require the use of cookies and, if consent is refused/withdrawn, the User will not be entitled to use such services.
  8. Right of Access to User’s Personal Data and Protection of Rights

    1. 8.1. When collecting, processing and storing Users’ personal data, the Operator fully respects the protection of each individual User’s rights arising from the Personal Data Protection Act.
    2. 8.2. If a User asks the Operator to inform the User about the processing of his/her personal data, the Operator will without any unreasonable delay provide such User with information regarding the User’s personal data which were/are being processed. In this respect, the Operator informs the User that it is entitled to require reasonable compensation according to the Personal Data Protection Act for providing such information.
    3. 8.3. If a User discovers or assumes that the Operator or another processor has processed the User’s personal data in violation of the principles of the protection of private or personal life and/or in violation of the Personal Data Protection Act, especially if the User’s personal data are inaccurate, the User is entitled:
      1. to ask the Operator to provide an explanation; and
      2. to claim that the Operator remedy the situation, especially by correcting or complementing the personal data; if necessary, such personal data shall be temporarily blocked or discarded as a consequence of the request.
    4. 8.4. If the Operator or processor finds the User’s request justifiable, the Operator or processor shall immediately remedy the situation.
  9. Contact Data

    1. 9.1. In the event of any questions regarding the use of the Users’ personal data on Protokolos’ website, please contact:
    2. Protokolos system s.r.o.
      Nad Šutkou 540/14, Kobylisy, postal code 182 00 Prague 8
      Czech Republic
      E-mail: admin@protokolos.com