General Terms and Conditions
1.1. These General Terms and Conditions (the "Terms") govern the process of ATMAN, spol. s r.o. ("ATMAN") for the provision of services (the "Service") to business subjects (the "Client") during their market penetration.
1.2 The Terms govern the Services provided by ATMAN in the Czech Republic and abroad.
Registered office of ATMAN – Pod Slovany 1903/7, 120 00 Prague 2, Czech Republic
Central office of ATMAN - Office Centrum Vydrovka, Pobřežní 18/16, 186 00 Prague 8, Karlín
Client – a business entity inquiring the Services
Offer – a currently valid list of the Services offered
Quotation – a processed inquiry of the Client
Order – a binding quotation of the Services by the Client
Service – a performance implemented for the Client based on its order
Electronic Online Products and Services – online forms of ATMAN
Basic Terms for the Provision of the Services
3.1 The relevant Service is included in the current offer of ATMAN, which is published on the website of ATMAN (see http://www.visatorussia.cz). ATMAN reserves the right to make changes to the offer in response to changing conditions and in the interest of continuous development of the Services, as well in case of events beyond its control (e.g., force majeure).
3.2 Current prices for individual Services are published as follows:
The price for the advisory and assistance Services of ATMAN is determined by a fixed hourly rate indicated in the annexes to the cooperation contract;
The price for the Electronic Online Products and Services is always shown including all fees (consular and service) and including VAT, unless set out otherwise in the Service.
3.3 The Service to support exports may be obtained by any Client realizing export or intending to sell their goods or services in foreign markets provided the following conditions are met:
Ordering the Services
4.1. For the Services offered by ATMAN, the Client places an order for the provision of the Services via an online order (see: http://www.visatorussia.cz), e-mail, or in person at an official point of contact of ATMAN.
Conclusion of the Contract
5.1 In the consulting and assistance Services, the date of the commencement of the contractual relationship between ATMAN as the supplier and the Client as the customer shall be deemed demonstrable acceptance of the offer by the Client. In the Electronic Online Products and Services, the contractual relationship is established upon acceptance of the Client's order. Orders placed by telephone are additionally confirmed either by e-mail by the Client or in person at an official point of contact of ATMAN.
5.2 In accordance with the Terms, the obligation of ATMAN to provide the Services is established upon payment of the invoice by the Client or upon any other form of payment agreed upon between the parties.
5.3 Unless determined otherwise by ATMAN, each requested Service establishes a separate contractual relationship between the Client and ATMAN, which is carried out according to the Terms or a methodical instruction mandatory for the Service.
5.4 In case of an event which partially or completely prevents fulfilment of the obligations under the Terms or the contract, the party which has been affected by force majeure shall inform the other party, and the parties shall jointly take appropriate steps to remedy the situation.
The Rights and Obligations of the Client
6.1 In an order of the Services, the Client is obliged to specify all data (including personal) exactly as required by the particular type of the Service ordered and as listed as mandatory in the order form for the given Service. After receiving the order, the Client is sent an acknowledgment of receipt of the order including a request for re-checking of the data in the order to avoid possible omissions in the order by the Client. Immediately after receiving the ordered and provided Services, the Client checks the correctness of the data. Later complaints shall be disregarded.
6.2 The Client is obliged to pay for the Services in advance on the basis of a sent or personally delivered invoice of ATMAN, unless otherwise agreed in the order.
6.3 Without undue delay after receiving confirmation of receipt of the order, the Client shall send ATMAN the required documents (needed to provide the Services) to the office of ATMAN. The Client acknowledges that the relevant embassy may during the procedure require submission of additional documents, about which ATMAN shall inform the Client and the Client shall provide such documents at once.
6.4 Should the Client decide to cancel an existing order or to terminate the contract concluded with ATMAN before the order is fulfilled, ATMAN shall be entitled to reimbursement of the proportional part of the remuneration for operations already performed corresponding to the costs incurred, but not less than CZK 1,000 without VAT.
6.5 In the event the Client cancels an already placed order after the payment for the order has been credited to bank account of ATMAN and ATMAN returns the payment to the Client, it may charge the Client a cancellation fee corresponding to the costs incurred, but not less than CZK 1,000 without VAT.
6.6 In the event of objections to the performance of the Services, the Client may initiate the complaint procedure in order to compare the Service accepted pursuant to section 5.1 of the Terms and the performance received.
The Rights and Obligations of ATMAN
7.1 ATMAN is entitled to the remuneration in accordance with Article VIII of the Terms in return for the Services performed for the Client.
7.2 ATMAN is entitled to require cooperation from the Client in order to perform the agreed Services, if required by the nature of the Services.
7.3 In the performance of the Services, ATMAN shall protect the interests of the Client known to ATMAN and notify the Client of all circumstances that may affect the Client's instructions.
7.4 ATMAN is obliged to ensure confidentiality of the Client's confidential information in a manner usually applied to protection of such information. This obligation shall survive termination of the contractual relationship with the Client.
7.5 After agreement with the Client, ATMAN shall be entitled to delegate the implementation of the required consulting and assistance services to another entity. The responsibility for the quality of the Services shall remain with ATMAN.
7.6 At its sole discretion, ATMAN is entitled to suspend or refuse to implement the requested Services, for example in a situation where the performance of the Services would be hindered by special circumstances (e.g., force majeure) or where the performance of the Services would be associated with significantly higher costs that could not be anticipated by ATMAN at the time of confirmation of the order.
Remuneration and Payment Terms
8.1 The remuneration of ATMAN for the Services provided shall be governed by the prices listed in the given quotation in compliance with section 3.2 of the Terms.
8.2 ATMAN reserves the right to request the remuneration based on an invoice issued to the Client in accordance with section 5.2 of the Terms, with the maturity date set out according to the nature of the ordered Services (express, standard, etc.).
Use of the Services
9.1 ATMAN allows the Client to use the Services supplied only for its own internal use. It is expressly forbidden that the Client provides the Services supplied (regardless of whether for a payment or otherwise) to any third party without the prior written consent of ATMAN.
9.2 ATMAN reserves the copyright and other intellectual property rights to the Services supplied.
Warranty and Complaint Procedure
10.1 The liability of ATMAN for the Services is governed by the generally binding legal regulations of the Czech Republic. ATMAN is entitled to modify the warranty terms differently for different types of the Services.
10.2 In the case of written objections from the Client regarding delivered Services, the Client may require examination of its written request delivered to ATMAN not later than within 15 days from the provision of the Services.
10.3 ATMAN shall decide on the complaint within 30 days of receipt of the Client's request.
11.1 In the event an order is cancelled by the Client or the Client fails to fulfil the conditions after the conclusion of the contract between the Client and ATMAN, the following process shall be governed by the conditions specified in sections 6.4 and 6.5.
12.1 ATMAN is entitled to charge a contractual penalty if the Client has provided the Service received from ATMAN to third parties without the prior written consent of ATMAN. In that case, ATMAN is entitled to require that the Client pays it a contractual penalty in the amount of CZK 200,000 without VAT.
12.2 ATMAN may charge the contractual penalty repeatedly. The payment of the contractual penalty shall not affect the right of ATMAN to damages.
12.3 In the event of demonstrable damage to the reputation of ATMAN caused by the Client, ATMAN is entitled to require that the Client pays it a contractual penalty in the amount of CZK 100,000 without VAT. The payment of the contractual penalty shall not affect the right of ATMAN to damages.
12.4 In case of default in payment by the Client for the Services, ATMAN is entitled to require that the Client pays it the default interest at the statutory rate. Exercising of the right to the payment of the default interest shall not affect the right of ATMAN to damages.
13.1 The Terms are an integral part of the contractual relationship entered into between the Client and ATMAN.
13.2 Relations not expressly set out in the Terms shall be governed by the generally binding legal regulations of the Czech Republic, especially the Commercial Code.
13.3 All disputes arising out of or related to the provision of the Services to the Client, which cannot be resolved amicably, shall be finally decided by arbitration with the exclusion of the common courts pursuant to Act No. 216/1994, Coll., as amended, by the Arbitration Court Attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic according to its Rules by a single arbitrator appointed by the Chairman of the Arbitration Court. The place of arbitration shall be Prague and the language Czech.
13.4 These Terms of ATMAN shall apply with effect from 1 August 2015 for an indefinite period or until their revocation by ATMAN and replacement with new general terms and conditions at the sole discretion of ATMAN.
I agree with the collection, storage, and processing of my personal data contained in this form by the data controller ATMAN, s.r.o., registered office at Pod Slovany 1903/7, 120 00, Prague 2, Czech Republic, Company ID No. 27560899, (or its employees) for the purpose of arranging a visa (invitation). This consent is granted for all the data contained in this form and for the period of five (5) years from the date of the consent. Further, I am aware of my rights pursuant to Act No. 101/2000, Coll., on Personal Data Protection. I understand all the filled out parts of the form. All the information contained is accurate and true and has been provided voluntarily.