General terms and conditions

General terms and conditions

I. General Provisions and Definitions

  1. These General Terms and Conditions (hereinafter "GTC") govern the rights and obligations of SMARTUP accounting s. r. o. (providing primarily accounting and supplementary services), with registered office at Roľnícka 187, 831 07 Bratislava, Slovak Republic, Company ID: 50 753 045, registered in the Commercial Register of the Municipal Court Bratislava III, section: Sro, file no. 118114/B, and/or SMARTUP Law firm, s.r.o. (providing legal services) with registered office at Roľnícka 187, 831 07 Bratislava, Slovak Republic, Company ID: 54 544 882, registered in the Commercial Register of the Municipal Court Bratislava III, section: Sro, file no. 160008/B, and/or SMARTUP consulting s. r. o. (providing primarily relocation, migration and administrative services) with registered office at Roľnícka 187, 831 07 Bratislava, Slovak Republic, Company ID: 52 018 083, registered in the Commercial Register of the Municipal Court Bratislava III, section: Sro, file no. 132038/B (hereinafter the "Supplier"), and the Client when ordering a product through the website smartup.sk.
  2. The GTC are effective as of the date of their publication on smartup.sk.
  3. Relations between the contracting parties that are not governed by these General Terms and Conditions shall be subject to the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, and Act No. 22/2004 Coll. on electronic commerce, as amended.
  4. The Client means a natural person – entrepreneur, natural person – consumer and/or legal entity who electronically orders a product through the website smartup.sk. A consumer is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of their business activity or other entrepreneurial activity.
  5. An electronic order means an "Order Form" submitted either from within the smartup.sk environment and/or by sending an e-mail message to the Supplier.
  6. A product means any service ordered either from within the smartup.sk environment and/or by sending an e-mail message to the Supplier.
  7. STATUTORY INFORMATION ON THE CONDITIONS AND POSSIBILITIES OF ALTERNATIVE DISPUTE RESOLUTION:

"If a consumer feels that their consumer rights have been violated, they may submit a proposal to initiate alternative dispute resolution, either through the European platform or through the relevant Slovak authorities pursuant to the Act on Alternative Dispute Resolution.

However, before taking this step, the consumer must first contact the Supplier with a written request for remedy. Only after receiving a refusal or if no response is received within 30 days may the consumer submit a proposal to initiate dispute resolution. The consumer may submit the proposal within 1 year from the date of rejection of the above-mentioned request, and for all disputes the value must amount to at least EUR 20.

The competent bodies for receiving and resolving complaints are:

If a consumer submits a proposal to initiate proceedings, the above-mentioned bodies shall notify the Supplier of the commencement of dispute resolution and deliver all necessary documents together with a request to express their position on the matter within at least 15 days. The Supplier is obliged to cooperate in resolving such a dispute, otherwise they face a fine from the Slovak Trade Inspection ranging from EUR 500 to EUR 10,000.

The entire dispute resolution should be completed within 90 days of commencement. In more complex cases, this period may be extended by 30 days, and this may occur repeatedly. If both parties express an interest in an amicable resolution of the dispute, the above-mentioned bodies shall draw up a dispute resolution agreement. The agreement is then binding on both parties.

Alternative dispute resolution is free of charge. An authorised legal entity may require a fee of no more than EUR 5 including VAT upon initiation of a dispute. The platform for submitting proposals is http://ec.europa.eu/odr."

  1. Supplier's contact details:

SMARTUP accounting s. r. o. with registered office at Roľnícka 187, 831 07 Bratislava, Slovak Republic, Company ID: 50 753 045, registered in the Commercial Register of the Municipal Court Bratislava III, section: Sro, file no. 118114/B

Law Firm SMARTUP Law firm, s.r.o. with registered office at Roľnícka 187, 831 07 Bratislava, Slovak Republic, Company ID: 54 544 882, SAK 0583, registered in the Commercial Register of the Municipal Court Bratislava III, section: Sro, file no. 160008/B

SMARTUP consulting s. r. o. with registered office at Roľnícka 187, 831 07 Bratislava, Slovak Republic, Company ID: 52 018 083, registered in the Commercial Register of the Municipal Court Bratislava III, section: Sro, file no. 132038/B

Tel.: +421 (0)948 383 363 / (Monday to Friday) between 9:00 – 12:00 and 13:00 – 16:00 E-mail: [email protected]

II. Order

  1. The "Order Form" must be filled in truthfully and completely. The Client takes full responsibility for the accuracy and grammatical correctness of the data entered in the "Order Form". The Client is obliged to fill in the "Order Form" grammatically correctly, including diacritical marks. The Supplier bears no responsibility for grammatical inaccuracies, content inaccuracies or typos in the completed "Order Form", and if damage is caused to the Client as a result of incorrectly completing the "Order Form", such damage shall be borne solely and entirely by the Client.
  2. Changes to one data item in the "Order Form" after the "Order Form" has been submitted to the Supplier may be made by the Client once (1) free of charge; each subsequent change to submitted data in the "Order Form" is subject to a fee of EUR 10 (ten euros) per item. One item in the "Order Form" means in particular, but not exclusively: change of a person's first name, correction of a typo in a person's first name, change of a person's surname, correction of a typo in a person's surname, correction of a person's date of birth, correction of a person's national identification number, change of registered office, expansion/reduction by one business activity of a commercial company, and others.
  3. The submitted "Order Form" is considered a contract (hereinafter the "Contract") and is binding. The "Contract" may be cancelled within 60 days of payment of the proforma invoice in the amount of 50% of the price of the ordered product, but at least EUR 60 per order. This does not apply to services that have already been fully or partially provided by the Supplier.

III. Payment Terms

  1. The price of the product is paid in full by means of a advance invoice. The price of the product does not include notarial/administrative fees for the authentication of signatures, nor for the verification of the authenticity of document copies, nor fees for (certified) translations of foreign-language documents.
  2. The price is always stated exclusive of value added tax, as the Supplier is not a VAT payer.
  3. The Supplier reserves the right to unilaterally adjust (increase/decrease) the prices of products on smartup.sk, with new prices taking effect on the date of their publication on the relevant web address. Price adjustments do not apply to services already ordered.
  4. In the event that an obviously incorrect price appears for a product, e.g. a price of EUR 0 or EUR 1, the Supplier is not obliged to deliver the service at the incorrect price but may offer the Client delivery of the service at the correct price. If the Client does not agree with the correct price in this case, they may withdraw from the contract.
  5. After delivery of the product, the Supplier shall send the Client a tax document (invoice) in which the Client's advance payment is settled.
  6. The Client has no right to a refund of the paid service price if the Supplier has fully or partially provided the services.

IV. Delivery Terms

  1. Each product lists an estimated delivery period, which begins on the date of "delivery of documents to the Supplier". "Delivery of documents to the Supplier" means delivery of documents in the required number of copies, delivery of required attachments, deeds, confirmations, as well as delivery of documents in the required form (e.g. original form, form reflecting current validity of the document, form of certified translation, form of signature authentication, etc.).
  2. We wish to inform clients that product delivery periods are indicative due to the variable compliance with statutory deadlines by state institutions.
  3. The Client is obliged to provide the Supplier with the cooperation necessary for the delivery of the product, in particular but not exclusively: a) to check their e-mail address specified in the electronic order on a daily basis; b) to maintain a working telephone number specified in the electronic order and to respond to the Supplier's calls; c) to promptly confirm to the Supplier receipt of their e-mail messages; d) after the documents are sent, to print them in the number of copies recommended by the Supplier and to arrange, at their own expense, their signing by authorised persons. For documents where, based on the Supplier's notification, it is necessary to authenticate the signatures of the signing persons, the Client undertakes to arrange authentication of signatures at a notary's office or at a municipal office – registry department, at their own expense. e) no later than two (2) months from the date of "delivery of documents to the Client", to deliver these documents together with attachments and/or confirmations and/or deeds requested by the Supplier from the Client, in the required number of copies and/or required form, to the Supplier's address. "Delivery of documents to the Client" means delivery of documents to the Client's e-mail address specified in the "Order Form" and/or sent through the internal environment, or to the e-mail address from which the Client communicates with the Supplier. If the Client fails to deliver the documents and/or attachments/other confirmations/deeds to the Supplier within two (2) months from the date of "delivery of documents to the Client", or delivers them in an incorrect form/number of copies, and does not request cancellation of the order from the Supplier pursuant to clause II.3 before the expiry of the two-month period, their entitlement to the service shall lapse and the "Contract" shall cease to be effective upon expiry of the last day of this two-month period. In this case, the Client is not entitled to a refund of the paid service price.

V. Personal Data Protection

  1. The Supplier stores personal data provided by the Client exclusively for the purpose of delivering the product, processing the electronic order, settling payments, exercising their legal claims under the contract, for mandatory archiving and for communication between the contracting parties and state institutions.
  2. We wish to inform Clients that in order to deliver products it is necessary to process their personal data including their national identification number.
  3. Conditions of personal data processing: online, in written form, in the form of paper originals and/or photocopies, in the form of electronic backup and data storage, scans. The Supplier also stores and processes a generally usable identifier (in particular the national identification number) of the Client.
  4. The Client grants the Supplier consent to provide their personal data to the Supplier's employees and subcontractors, to the extent of data necessary to fulfil the purpose of the order.
  5. The Supplier is legally obliged to disclose personal data to law enforcement authorities, tax authorities and other state institutions.
  6. The Supplier processes personal data in accordance with the provisions of Act No. 18/2018 Coll. on the protection of personal data and in accordance with 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 (GDPR). By ordering a product, the Client confirms that they have provided their personal data to the Supplier voluntarily and consents to their processing in the Supplier's records, provided they are not contrary to legal regulations, and also to their disclosure and provision to state authorities under the conditions and to the extent stipulated by legal regulations.

VI. Disclaimer of Liability

  1. The Supplier bears no responsibility for viruses or other attacks on the computer system or other technical devices of users of this website.
  2. The Supplier bears no liability to third parties for direct, indirect or extraordinary damages caused by the use of information from smartup.sk.

VII. Copyright

  1. Users of the website are not authorised to modify, copy, publicly distribute or use for commercial purposes any information published on smartup.sk. The content published on this website is subject to copyright.
  2. The content of the website is a copyrighted work pursuant to the Copyright Act. The economic rights to the work are exercised by SMARTUP accounting s. r. o. The content of the website may not be copied, publicly distributed, processed or translated.

VIII. Non-Compete Clause

The Client undertakes that during the term of this contractual relationship and for the following 2 years after its termination, they will not approach current or former employees of the Supplier with a job offer, nor enter into an employment/business relationship with them, either directly or indirectly. This also applies to affiliated companies of the Client – in which there is a personnel or economic connection.

The contractual penalty is 12 months' gross salary of the current or former employee.

IX. Final Provisions

  1. When using the website smartup.sk, the Client is expected to have knowledge of the technical capabilities of the internet and to accept technology-related potential issues.
  2. The Supplier is not liable for damages caused by a faulty connection to smartup.sk. Protection of the computer and any data stored on the Client's computer is the responsibility of the Client.
  3. The Supplier notes that information published on smartup.sk/lacnesro.sk may be updated without prior notice.
  4. The Supplier is entitled to change the scope of products on smartup.sk without prior notice.
  5. The contracting parties have agreed that all disputes arising between them from legal relationships based on the contract or related contracts, including disputes regarding the validity, interpretation and termination of this contract, shall be resolved preferably by agreement.
  6. By using the website smartup.sk and/or by submitting an electronic order from this website, the user declares that they have read the GTC, understood their content, and agree with these General Terms and Conditions in their entirety, without reservation.