General terms and conditions

General terms and conditions

I.
General provisions and definitions

  1. These general terms and conditions (hereinafter referred to as the GTC) govern the rights and obligations of SMARTUP accounting sro (providing mainly accounting and additional services) , with its 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, Insert No. 118114/B and/or SMARTUP Law firm, sro (providing legal services) with its 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, Insert No. 160008/B and/or SMARTUP consulting sro (providing mainly relocation, migration administrative services) with its 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, Insert No. 132038/B (hereinafter referred to as the "Supplier") and the Customer when ordering a product via the website smartup.sk.
  2. The GTC are effective on the date of their publication on smartup.sk.
  3. The relations of the contracting parties that are not regulated by these general terms and conditions are governed by the relevant provisions of Act No. 513/1991 Coll. Commercial Code, as amended, and Act No. 22/2004 Coll. on Electronic Commerce, as amended.
  4. The customer is understood to be a natural person-entrepreneur, a natural person-consumer and/or a legal entity who orders a product electronically via the smartup.sk website. A consumer is a natural person who, when concluding and performing a consumer contract, is not acting within the scope of his/her business activity or other business activity.
  5. An electronic order is understood as an "Order Form", sent either from the internal environment of smartup.sk and/or by sending an e-mail message to the supplier.
  6. A product is understood to mean any service ordered either from the internal environment of smartup.sk and/or by sending an email message to the supplier.
  7. LEGAL INFORMATION ON THE CONDITIONS AND OPTIONS OF ALTERNATIVE DISPUTE RESOLUTION:

"If a consumer feels that some of his consumer rights have been violated, he may submit a proposal to initiate alternative dispute resolution, either through the European platform or with the relevant Slovak authorities under the Alternative Dispute Resolution Act.

However, before the consumer can take this step, he must first contact the supplier with a written request for redress. Only after receiving a negative response or if no response is sent within 30 days, can the consumer submit a proposal to initiate dispute resolution. The consumer can submit the proposal within 1 year from the rejection of the above-mentioned request, and for all disputes, their value must be at least EUR 20.

The competent authorities for the delivery and resolution of complaints are:

    • Slovak Trade Inspection
    • private alternative dispute resolution entities, registered in the List maintained by the Ministry of Economy on the website: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1

If the consumer files a motion to initiate proceedings, the above-mentioned entities shall notify the supplier of the commencement of the dispute resolution and deliver all necessary documents together with a request to respond to the facts in question within a period of at least 15 days. The supplier is obliged to provide cooperation in resolving such a dispute, otherwise he may be fined by the Slovak Trade Inspection in the amount of EUR 500 to EUR 10,000.

The entire dispute resolution process should be completed within 90 days of its initiation. In more complex cases, this period may be extended by 30 days, even repeatedly. If both parties express an interest in amicable resolution of the dispute, the above-mentioned entities will draw up an agreement on the resolution of the dispute. The agreement is then binding on both parties.

Alternative dispute resolution is free of charge. An authorized legal entity may request a fee of a maximum of EUR 5 including VAT when initiating a dispute. The platform for submitting proposals is http://ec.europa.eu/odr ".

  1. Supplier contact details:

SMARTUP accounting sro 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: Ltd., file no. 118114/B

SMARTUP Law firm , sro 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: Ltd., file no. 160008/B

SMARTUP consulting sro 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: Ltd., file no. 132038/B

Tel.: +421 (0)948 383 363 / (Monday to Friday) between 9.00 - 12.00, 13.00 - 16.00 h

Email: [email protected]

II.
Order

  1. The "Order Form" must contain true and complete data. The Customer takes full responsibility for the content and grammatical accuracy of the data entered in the "Order Form". The Customer is obliged to fill in the "Order Form" grammatically correct, with diacritics. The Supplier bears no responsibility for grammatical inconsistencies, content inconsistencies and typos in the completed "Order Form", and if the Customer incurs damage as a result of incorrect filling in of the "Order Form", the Customer shall bear this damage in full.
  2. Changes to one item of data in the "Order Form", after sending the "Order Form" to the supplier, can be made by the customer one (1) time free of charge, each further change of the sent data in the "Order Form" is subject to a fee of EUR 10 (ten euros)/item. One item in the "Order Form" is understood in particular, but not exclusively: change of a person's name, correction of a typo in a person's 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 personal identification number, change of registered office, expansion/reduction of one business activity of a company, and others.
  3. The submitted "Order Form" is considered a contract (hereinafter referred to as the "Contract") and is binding. The "Contract" can be canceled within 60 days of payment of the proforma invoice in the amount of 50% of the price of the ordered product, min. however 60 EUR/order. This does not apply to services that have already been provided in full or in part by the supplier.

III.
Payment terms

  1. The price of the product is paid in full by way of an advance invoice. The price of the product does not include notary/administrative fees for verifying the authenticity of a signature, nor for verifying the authenticity of a photocopy of documents, nor fees for (court) translations of foreign language documents.
  2. The price is always stated without 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 the new prices being effective on the date of their publication on the website address to which the products are subject. The price adjustment does not apply to services already ordered.
  4. If a product has an obviously incorrect price, e.g. a price of 0 euro or 1 euro, the supplier is not obliged to deliver the service at the incorrect price, but may offer the customer the delivery of the service at the regular price. If the customer does not agree with the regular price in this case, he may withdraw from the contract.
  5. After delivering the product, the supplier will send the customer a tax document (invoice) in which the customer's advance payment will be settled.
  6. The customer does not have the right to a refund of the paid price of the service if the supplier has provided the services in full or in part.

IV.
Delivery terms

  1. Each product has an estimated delivery time, which starts from 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, documents, confirmations, as well as delivery of documents in the required form (e.g. original form, form of timeliness of the document, form of certified translation, form of signature verification, etc.).
  2. We would like to inform clients that product delivery times are approximate due to the variability of compliance with legal deadlines by state institutions.
  3. The customer is obliged to provide the supplier with the cooperation necessary for the delivery of the product, in particular, but not exclusively:
    1. check your email address provided in your electronic order daily;
    2. maintain a working telephone number, specified in the electronic order, and respond to phone calls from the supplier;
    3. promptly confirm delivery of the supplier's email messages;
    4. After sending the documents, print them out using a printer in the number of copies recommended by the supplier and ensure that they are signed by authorized persons at their own expense. On documents where, based on the supplier's notice, it is necessary to verify the authenticity of the signatures of the signing persons, the customer undertakes to ensure that the authenticity of the signatures is verified at a notary's office or municipal office registry department, at their own expense.
    5. no later than two (2) months from the date of "delivery of the documents to the customer", deliver these documents, together with the attachments and/or confirmations and/or documents requested by the supplier from the customer, in the required number of copies and/or in the required form to the supplier's address. "Delivery of the documents to the customer" means delivery of the documents to the customer's e-mail address specified in the "Order Form" and/or sent via the internal environment, or to the customer's e-mail address from which he communicates with the supplier. If the Customer fails to deliver the documents and/or attachments/other confirmations/documents to the Supplier within two (2) months from the date of "delivery of the documents to the Customer", or delivers them in the wrong form/number of copies, and does not request the Supplier to cancel the order pursuant to point II.3 by the expiry of the two-month period from the date of "delivery of the documents to the Customer", the Customer shall lose the right to the provision of the service and the "Contract" shall cease to be effective upon expiry of the last day of this two-month period. In this case, the Customer shall not be entitled to a refund of the price paid for the service.

V.
Personal data protection

  1. The Supplier stores personal data provided by the Customer solely for the purpose of delivering the product, processing the electronic order, clearing payments, exercising its legal claims under the contract, for mandatory archiving and for communication between the contracting parties and state institutions.
  2. We would like to inform customers that in order to deliver products, it is necessary to process their personal data, including their birth number.
  3. Conditions for processing personal data: online, in written form, in the form of paper originals and/or photocopies, in the form of backup and storage of data in electronic form, scans. The supplier also stores and processes the generally applicable identifier (in particular the birth number) of the customer.
  4. The customer grants the supplier consent to provide their personal data to the supplier's employees and subcontractors, to the extent of data that is necessary to fulfill the purpose of the order.
  5. The Supplier is required by law to make personal data available to law enforcement agencies, tax authorities and other state institutions.
  6. The Supplier shall proceed with the handling of 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, repealing Directive 95/46/EC (GDPR). By ordering the product, the Customer confirms that he has provided his personal data to the Supplier voluntarily and agrees to their processing in the Supplier's records, unless they are in conflict with legal regulations, and also to their disclosure and provision to state authorities under the conditions and to the extent provided for by legal regulations.

VI.
Disclaimer

  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 is not liable to a third party for direct, indirect or special damages caused by the use of information from smartup.sk.

VII.
Copyright

  1. The user of the website is not authorized to modify, copy, publicly distribute or use for commercial purposes any information published on the website smartup.sk. The content published on this website is subject to copyright.
  2. The content of the site is a copyrighted work according to the Copyright Act. The property rights to the work are held by SMARTUP accounting sro. The content of the site may not be copied, publicly distributed, processed or translated.

VIII.

Non-compete clause

The Client undertakes that during the duration of this contractual relationship and also after its termination for the next 2 years, it will not approach with a job offer, will not enter into an employment/business relationship directly or indirectly with current or former employees of the Client. This also applies to related companies of the Client - in which there is a personal, economic connection.

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

XI.
Final provisions

  1. When using the smartup.sk website, the customer is expected to be familiar with the technical capabilities of the Internet and accept possible problems caused by technology.
  2. The Supplier is not liable for damages caused by a faulty connection to smartup.sk. The protection of the computer or data located on the Customer's computer is the Customer's responsibility.
  3. The Supplier warns that the information provided on smartup.sk/lacnesro.sk may be updated without prior notice.
  4. The customer is entitled to change the range of products on smartup.sk without prior notice.
  5. The parties have agreed that all disputes arising between them from legal relations under the contract or related contracts, including disputes regarding the validity, interpretation and termination of this contract, will be resolved primarily by agreement.
  6. By using the website smartup.sk and/or sending an electronic order from this website, the user of this website declares that he/she has read the GTC, understood their content, and agrees to these general terms and conditions in their entirety, without reservation.