Extended version: Terms | Anticorruption barometer

CONTRACT AND THE LICENSING AND USER TERMS & CONDITIONS

Lexperanto, z.s. (registered non-profit association), reg. no. 03796701, with its registered office at Masarykova 71, 783 72 Velký Týnec, Czech Republic, as the holder of copyright to the Anticorruption Barometer, including its Extended Version (as defined below), and special rights to the database included in the Anticorruption Barometer

(hereinafter referred to as "the Provider"),

and

Your person, identified according to the information to the online order form

(hereinafter referred to as "the User"),

(together also the Parties)

conclude the following the licensing and user contract,

under which the Provider provides to the User the following defined rights and obliges him to fulfil the defined obligations under further defined conditions,
which outside the areas defined here below is governed by the provisions of the Act no. 89/2012 Coll., the Civil Code, and the Copyright Act as defined below if in those areas or its parts different stipulations are not foreseen here below in which case those stipulations take precedence over the provisions of the aforementioned Acts,
the part of contents of which is defined in following licensing and user terms & conditions.

LICENSING AND USER TERMS & CONDITIONS

Art. 1 — Introductory provisions

1.1. The contract consists of the contractual provisions, the licensing and application conditions (hereinafter referred to as “LUTCs”) and of the information mentioned on the invoice sent by a Userwhich the Userput into the online order form. All other oral ancillary arrangements are ineffective.

1.2. These licensing and Userterms & conditions lay down the rights, obligations and conditions of use of the work entitled Extended version of the Anticorruption barometer in the English language (hereinafter referred to as “the Extended version”).

1.3. By dispatching the order from the online order the person who made the order expresses its agreement with the LUTCs in its entirety, confirms that the information that he/she put in the online order form is accurate, correct, this and up-to-date and agrese with sending of an invoice drawn up on the basis of such information.

1.4. Currently applicable version of LUTCs is published at the website: http://www.anticorruptionbarometer.com/extended/terms

Art. 2 — Duration of the contract

2.1. For the conclusion of the contractual relationship according to these LUTCs means of distance communication, which allow for concluding a contract without the simultaneous physical presence of the contracting parties, may be used .

2.2. Sending the fully completed online order form fully completed online without making any changes to it constitutes the acceptance of these LUTCs and at the same represents a proposal to conclude the contract according to these LUTCs accepted by the user.

2.3. This proposal is binding on the the Userand cannot be changed for the duration of 2 working days starting from the day following the date on which the proposal was sent to the Provider or until the moment when the Provider sends to the Useran invoice representing order confirmation, which may arise in a period exceeding the 2 working days, but within the period of 5 working days starting from the day following the date on which the proposal was sent to the Provider.

2.4. In accordance with § 46 (6) of the Act no. 121/2000 Coll., on copyright (hereinafter referred to as "the Copyright Act"), the Provider may agree with the proposal to conclude contracts without informing the User. Sending invoices to the email address indicated by the User in the online order form is the confirmation that the offer of the User was accepted by the Provider and that the contract has been validly concluded at the moment when the User's proposal reached the Provider.

2.5. The validly concluded contract shall be effective as of the moment when the access data consisting of the User ID (login) and the password enabling access to the Extended version were dispatched by the Provider which also the certificates the receipt of the payment pursuant to Article 3. If it is impossible for the User to access the Extended version on the basis of the provided access data, the User shall take steps foreseen under Article 5.3.

2.6. Other offer than that sent electronically in the form of a fully completed online order form without any amendments by the User shall not be considered to constitute an offer to conclude this contract. The Provider is not obliged to respond to such a offer and this offer cannot lead to the conclusion of this contract.

2.7. An amended proposal for a tender sent to the User’s e-mail address given in the online order form shall be deemed to be a proposal for submission of an offer to conclude the contract; should the offer to conclude the contract contain a content fully corresponding to the content of the aforementioned proposal, the contract may be concluded as set out in Article 2.3 et seq.

2.8. The contract is concluded for the period of 12 months from the date it entered into force pursuant to Article 2.5. During this period it is not possible withdraw to terminate this contract, except in cases and under the conditions referred to in Article 7 LUTCs.

2.9. If at any time during the period when the contract is in force the payment of the price foreseen in the online form is made to Provider’s account, the contract is automatically renewed for the further period of 12 months starting from the day following the day in which the payment was credited to Provider’s account. Where the credit provider’s account later than for the duration of the existing contracts, the contract shall be extended for a further period of 12 months, on condition that the Userhas entered all its earlier 1.identification do objednávkového online forms and that the data are still valid, accurate, complete, and up to date.

Art. 3 — Price and payment conditions

3.1. The obligation of the User to pay the full price for the access to the Extended version referred to on the invoice together with the account number of the Provider which represents the confirmation of the valid conclusion of the contract arises at the moment of conclusion of the contract.

3.2. The User is obliged to pay the full price for online access to the Extended version within the period of three months starting to run on the first day of the month following that in which the contract was validly concluded.

3.3. The validly concluded contract shall be effective as of the moment of payment of the full price for access to the Extended version by the User to Provider's account which means the moment when the amount corresponding to the full price for access to the Extended version was credited to Provider's account.

3.4. The Provider shall send to the User a username (login) and password enabling access to the Extended version within five working days from the day following the date on which the amount corresponding to the full price for access to the Extended version paid by the User was credited to Provider's account, at the latest however within ten working days of receipt of the aforementioned amount to Provider's account.

Art. 4 — Rights and obligations of users

4.1. Copyright and any other intellectual property rights related to the Extended version belongs to their holders are not affected by this contract.

4.2. The Provider provides to the User

a non-exclusive licence for the Extended version for a use limited in accordance with Article 4.3 and in the extent limited pursuant to Article 4.4.,
authorisation to use the Extended version of the website www.anticorruptionbarometer.com, and
the right to use the database of references to draft legislation and media articles which is part of the Extended version.

4.3. Non-exclusive licence is granted to the User for the following manners of use of the Extended version:

the visualisation of its content,
the electronic filing of parts of its content,
printing of parts of its contents.

4.4. Non-exclusive licence is granted to the User for the following extent of personal use of the Extended version:

the use by the User excluding any disclosure or dissemination of the Extended version to other persons with the following definition of the personal use:
1. in the case of a natural person, use by the natural person indicated in the accepted online order form and by persons close to that person within the meaning of the Civil Code,
2. in the case of legal persons, use by natural persons employed by the legal person indicated in the accepted online order form, and by natural persons who are members of the statutory or supervisory bodies of such a legal person.
use excluding any changes or attempts to change the content or the graphic representation of the Extended version under any permissible manner of use referred to in Article 4.3.

4.5. In the case of quoting part of the contents of the Extended version within the limits permitted by the Copyright Act any such quotation shall be:

accompanied inextricably with the following text: Anticorruption Barometer (Extended version), Lexperanto [date of the visit of the website in the form specifying the date, month and year of the visit],
identified in the context of which does not depreciate the credibility of the Anticorruption Barometer.

4.6. The User is not authorised to provide, further disseminate or assign to any other person, including those with which he forms a holding structure, none of the following:

a sublicence to the defined or other use of the Extended version,
entitlement to use the Extended version of the website www.anticorruptionbarometer.com,
the right to use the database of references to the draft legislation and media articles which is part of the Extended version.

4.7. The User is not obliged to avail himself of the right referred to in Article 4.2. in which case he is not entitled to the repayment of the price paid or a part thereof.

4.8. The User shall not modify, back-analyse, recompile, make transfers from the source code of the application, or access the source code; and it shall not make the source code of the application accessible to a third person.

4.9. Further, the User is obliged to comply with all restrictions on the use of the software stipulated by legislation, the Contract and these LUTCs.

4.10. The User shall not remove, change, cover or interfere with any copyright or other marks of the relevant entities placed on the Anticorruption Barometer website, including the Extended version, or on the documents which he printed from this website.

4.11. The User is obliged to provide to the Provider a valid email address to which the User has access, which he regularly, at least once a week visits and which he shall maintain in a an operational state. In the event of a change of his email address the User is required to immediately inform the Provider of this change and provide him with his new email address meeting the requirements specified in the previous sentence.

Art. 5 — Rights and obligations of the Provider

5.1. The Provider provides the User with access to the Extended version on the basis of the username (login) and password sent by the Provider to the email address of the User which he put in the online order form, and allows him to use the Extended version in the manner and to the extent referred to Article 4.

5.2. The Extended version typically includes:

a summary monthly status report,
annex to the monthly report,
indication of values of anticorruption parameters and a justifications of these values,
observation of professor Vladimíra Dvořáková or the Provider.

5.3. In the case of inability to obtain access to the Extended version or to failure to display the Extended version or its parts by the User a message informing thereof shall be sent by e-mail to the Provider, who shall ensure a renewed possibillity of access or visualisation, in principle within ten working days, at the latest within twenty working day starting from the day after the moment when the access or visualisation became partially or totally impossible.

5.4. The Provider updates the Extended version once per calendar month in the actual month or during the first half of the following month.

5.5. Texts of parameters or substantiation of changes in parameters serve only to explain parameter values and do not constitute a legal advice, legal opinion or similar information provided in within the scope of advocates, they cannot be considered to represent such advice, opinion or information, and they cannot be relied upon.

5.6. The distribution of hyperlinks to existing or adopted draft legislation as well as of hyperlinks to articles in the media under individual parameters, subsections or areas is under the full discretion of the Provider. Also the seetting-up or adjustment of parameter values, their modifications and justifications is under the full discretion of the Provider.

5.7. The Provider shall be authorised to modify the text od the content or the mode of display of the Extended version, correct the textual, operational or other errors, irregularities or deficiencies without prior or subsequent consent or alert of the User.

5.8. The Provider may interrupt the operation of the Extended version for a short term, for a time period time strictly necessary, in particular for maintenance and modifications, which directly affect the running of the services ordered by the User without prior or subsequent consent or alert of the User.

5.9. The provider is authorised to require from the User a proof of his identity or copy of his identity card or other identity document containing a photograph; in case of representatives of the User, the Provider is entitled to require proof of links of such representatives to the User by providing written proxy authorising those persons to act as a representative of the User. The Provider is authorised to acquire and keep a copy of the identity document or power of attorney.

Art. 6 — Limitation of liability and damages

6.1. The Provider is not liable for any of the following:

the inaccuracy of any information provided by the User, in particular for the resulting inability to give to the User the access to the Extended version,
that the Extended version or its updates include all or a significant part of or relevant number of media articles on corruption or anti-corruption efforts in the Czech Republic which are available online,
the way in which the different media articles on corruption or anti-corruption efforts in the Czech Republic are arranged under individual parameters, areas or sub-areas,
the functionality of hyperlinks and hyperlinks to third parties websites included in the Extended version,
the fact that the monthly updating of the Extended version will include any change in the values of parameters, their justification or changes in progress or regress in specific monitored areas,
textual errors or errors in typing or counting in the Extended version,
the accuracy of the evaluation, parameter values, their justification or the views of third parties,
any loss or any loss of profit or other damage caused by relying on the information contained in the Enlarged version.

6.2. Furthermore, the Provider shall not be liable for any of the following:

the smooth interconnection to the products of third parties,
the input of wrong data by the User, a wrong procedure of the User in entering information or files or an incorrect interpretation of data presented,
the infection of the User’s local network or its computers with computer viruses (spyware, malware etc.) or by hacker attacks or any similar attack from the outside,
unqualified intervention to the Extended version and its environment,
damage caused by incorrect function of hardware, the operating system or network, as a result of damage caused by incorrect function of programmes of other manufacturers running simultaneously with the Extended version,
suspension of services, defects, damage and the loss of or damage to data caused by force majeure in the case of a malfunction of a device, electric power failure, internet connection failure caused by an internet provider or in the case of an attack on the network by a third person,
defects, damage and the loss of or damage to data as a result of incorrect operation by the administrator of the User’s system, or as a result of an attack on the server by a third person due to the failure to maintain security standards customary during the operation of internet hosting services,
for the infringement of copyright, rights to trade marks, rights to a corporate name and other rights protected by Czech law contained in Articles under referenced hyperlinks contained in the Extended version.

6.3. The right of the User to withdraw from the contract and/or the right to the restitution of the price to the User shall not arise, in particular, if:

the non-availability of the Extended version takes no more than 20 calendar days, or
Provider's liability is excluded, or
the User uses a different browser or the version of the browser from which he visualised the Extended version at the time of its ordering, and this different browswer ort he different version of the browser do not allow for visualisation of the Extended version.

6.4. The Parties establish that the foreseeable damage which may be caused by an infringement of the obligations of the Provider can amount of up to 30 % of the price, unless other lower valu eis agreed. The Provider shall not be liable for the loss of or damage to any User's data lost or damaged.

Art. 7 — Withdrawal from the contract and its termination

7.1. Termination of this contract during the period of the contract is possible only for reasons and in the manner set out in this paragraph.

7.2. The Provider shall have the right of withdrawal:

at any time from the moment of the conclusion of the contract until the moment when it comes into force, without giving any reason, or
in the event of a breach or there is a reasonable suspicion of a breach of any of the obligations under this contract, in particular one of the obligations referred to in Article 4, or
in the case of publication of any information depreciating the credibility or good reputation of Anticorruption Barometer project or its Provider.

7.3. The Users hall have the right of withdrawal, if he for more than 20 calendar days cannot access or visualise the Extended versions for reasons attributable to the Provider on condition that he produces evidence of the fulfilment of his obligations referred to in Article 5.3.

7.4. Each contained in contracting party shall be entitled to withdraw from the contract if the other party entered into liquidation, receivership, insolvency proceedings has been launched and is on-going, or the proposal to open insolvency proceedings for lack of assets was rejected.

7.5. Withdrawal from the contract shall extinguish all rights and obligations of the parties to the contract, except for:

those which due to their nature and the parties’ intention are supposed to last beyond the termination of the contract, in particular the rights and obligations laid down in the provisions for damages, contractual penalties, confidentiality or the protection of copyright,
User's rights to reimbursement of the price in the amount of a twelfth or a multipls of twelfths corresponding to the number of full months for which access to the Extended version could not have been given to the User for reasons attributable to the Provider for which he is responsible.

7.6. All notification resulting in the termination of the contract must be served by post by registered letter with acknowledgement of receipt to the address of the other Party and shall be deemed to have been received at the moment indicated on that ackowledgement of receipt. Notification shall be deemed to have been effectively served, if its receipt was rejected by the addressee, was not picked-up in the deposit period or which returned to the sender as undeliverable, in which cases it shall be demed to have been served at the moment of the expiry of the period end of fifteen days from the time when such notification was sent.

7.7. This contractual relationship ceases:

as a result of the withdrawal from the contract for reasons and in the manner defined in these LUTCs as of the moment of receipt of the notification of withdrawal pursuant to Article 7.6., or
by reason of circumstances beyond the reach and power of the Provider preventing him from fulfilling his obligations under this contract, as of the moment when the impossibility of performance by the Provider arises, about which the Provider shall inform the User in accordance with Article 7.6., or
upon the expiry of 3 months from the moment of the conclusion of this contract, if the User has not paid the price charged to him and sent to the email address which he indicated in the order online form, or
the expiry of 12 months from the date of entry into force of the contract unless the situation referred to in Article 2.9 occurred.

Art. 8 — Protection of personal data

8.1. In the ordering phase only information strictly necessary for the successful execution of order. The provided information are used by the Provider to fulfil his legal obligations, commitments set out in this contract and in these LUTCs. By sending the order the User agrese to the use of his personal information to the extent set out in these LUTCs.

8.2. The Provider has the right to keep an electronic database of his users, monitor and archive all operations carried out on its physical or online facilities for the purpose of evaluating and improving the services provided, in accordance with Act No. 101/2000 Coll., on the protection of personal data.

8.3. Data about the User are available only to the provider, they are not provided to third parties with the exception of situations relating to the distribution or payment systems, keeping the accounting and or under other legal obligations of the Provider arising from legal regulations.

8.4. The User and the Provider undertake to treat in mutual confidence all documents and information that they exchange between each other.

Art. 9 — Final provisions

9.1. In the case of interference of the User with copyright or related rights of the Provider to the Extended version the Provider shall be entitled to a contractual penalty amounting to EUR 4 000 (in words: five thousand euros). The contractual penalty shall be due on the basis of Provider's call to pay the contractual penalty, within 15 working days of receipt of such call by the User. Provider’s entitlement to compensation of the damage caused by User’s interference with copyright or related rights of the Provider, is not affected by the payment of contractual penalties by the User.

9.2. In addition to the claim to a contractual penalty, the Provider has rights arising from the Copyright Act in the case of the User’s infringement of its copyright, and in particular a right to demand that the User refrain from further infringement of copyright, a right to be given information about the manner and extent of the unlawful use of the Extended version, and a right to the removal of the consequences of the copyright infringement, including the provision of adequate satisfaction and the recovery of potential unjust enrichment.

9.3. The User declares that transmission of information from the Provider relating to this contractual relationship is not deemed to to be an unsolicited advertising within the meaning of Act No. 40/1995 Coll., as amended.

9.4. The Provider is entitled to amend these LUTCs. The Provider shall, without undue delay, publish a new version of LUTCs on the website of the Extended verion of the Anticorruption Barometer, or possibly send this new version or an alert about the fact that a new version of LUTCs was published to the e-mail address of the User.

9.5. Should any provision of these LUTCs becomes ineffective, the other provisions shall remain effective.

9.6. Concluded contracts are archived in electronic form, or written form, and are not publicly available. The language of communication between the Provider and the User and the language of the contract is the English language, with the exception of any communication relating to the disputes arising out of this contractual relationship, including court proceedings, in which case the communication shall be made in the Czech language.

9.7. Each party is obliged to inform the other Party without delay of any fact not mentioned in the contract, which may have an impact on the implementation of the contract.

9.8. Unless provide otherwise in these LUTCs, the User communicates any information to the Provider to Provider's email address indicated in the header of this document.

9.9. The User shall not be entitled to transfer to any other person any of its rights or obligations under this contract, whether in part or as a whole.

9.10. The Provider is authorised to assign all rights and obligations under the contract without a prior consent or informing of the Users.

9.11. This contract and all legal relations arising therefrom, or relating to the Czech law governing these relations and the exclusive jurisdiction of the Czech courts, in relation to all foreign user is hereby agreed and granted.

9.12. These LUTCs are valid and in force as of 17 December 2015.