These General Terms and Conditions, hereinafter referred to as the “GTC”, stipulate the mutual rights and obligations of the Provider, Ing. Jiří Stanislav, CSc., IČ 02232413 and the Client in selling the content of interactive Courses via the Website accessible from the Internet address (URL): http: // www.jstconsultancy.cz in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code
The business conditions apply to cases where the customer is a legal entity or a person who acts when ordering goods in the course of his business activities or in the course of his independent profession or end consumer.
Article I Definitions
“Provider” means a self-employed person Jiří Stanislav, Ing., CSc., IČ 02232413
“Client” means either a natural person over the age of 15 who, in concluding and performing a contract, does not act within the scope of his business or other entrepreneurial activity or in the independent exercise of his profession, or a natural or legal person acting in concluding and performing a contract within their business or other entrepreneurial activity or in the independent exercise of their profession
“Course” means any Course offered by the Provider;
“Price” means the Price for a separate Course for a period of 7 days, 30 days and 365 days
“Order” means the order form duly completed by the Client and available from the Website, which is also a proposal for the conclusion of the Contract;
“Subject of performance” means a temporary, non-exclusive license, which the Provider makes available to the Client, on the basis of a confirmed payment, temporarily digital content / course.
“Beneficiary” means a person other than the person of the Client, in whose favour the Client enters into the Contract;
“Participant” means a person who will actually participate in the Course; The Participant may be the Client directly, or a person designated by the Client or the Recipient. The number of participants is not limited, only a time-limited license for access for the Client or the Recipient or for their Participants is limited.
“Website” means the website accessible from the Internet address (URL): http://www.jstconsultancy.cz , operated by the Provider.
Article II Contents of the Courses
The subject of the individual Courses is the education and deepening of knowledge of employees of commercial heat treatment shops, in-house heat treatment plants, designers, technologists or buyers who work in the field of metal processing and have the need for periodic training. The courses are prepared by a professionally qualified person.
The Provider publishes the courses according to the capacities to specified Website. The Provider undertakes that this digital content / courses will always be accessible to the Client for the entire period of the time-limited non-exclusive license.
Digital content / courses are designed to be understandable and comprehensible for both knowledgeable and people not having knowledges. They can therefore be used both for the initial training of the Client’s employees and for continuous and periodic training.
However, the seller is in no way liable for damages caused by misinterpretation of the digital content / course information. According to the Labour Code, the employer or the operator of the activity is responsible for professional competence.
Article III Conclusion of the Agreement
The condition for the effectiveness of the Order is the proper completion of the Order according to the instructions on the Website, including the selection of the required Course, selection of time for active access to the course, filling in invoicing data, consent to GTC and payment of the price. Each Order can only be placed on one digital content / course and paid for. In case of ordering more courses, more Orders must be issued.
The Client is obliged to state in the Order all data and facts required by the Provider. The customer is obliged to check the data entered by him and correct any incorrectly entered data by clicking on the card in which the error occurred – i.e., click on “Course selection” or “Billing information”.
The Client shall send the duly completed Order to the Provider by clicking on the button entitled “Order”.
By sending the Order, the Client confirms that he has read these GTC, which are an integral part of the Contract.
The Contract is concluded when the Provider receives a Confirmation of receipt of the order from the Provider to the Client’s e-mail address.
After paying for the order, the Provider will provide the Client with an access username and password, i.e., a temporary, time-limited non-exclusive license, enabling access to the digital content / course for a paid period of 7, 30 or 365 days.
Article IV Price and payment terms
Current Prices are listed in the “E-learning” tab. If you are using discount coupons, this coupon can be redeemed on the “Billing Information” page.
The price can only be paid non-cash.
The ČSOB payment gateway is used for card payments. Bank accounts are designated for payments by bank transfer:
297 705 940/0300 in CZK
297 834 486/0300 in EUR
In the case of payment by card, the customer will receive in his email a confirmation of payment, which is both a confirmation of receipt of the order and the conclusion of the contract, and an access name and password, representing a temporary non-exclusive license to use digital content / course. Subsequently, after crediting the payment to the account, the invoice / tax document will be sent to the same email.
In the case of payment on the invoice, a confirmation of receipt of the order and invoicing data will be sent to the customer’s email. By paying for the order, the Customer acquires the rights of access to digital content / courses, i.e., acquires a temporary non-exclusive license, and the Client will be delivered an invoice / tax document and access information, i.e., username and password, to digital content
If the price is not paid on time when paying on the invoice, the customer does not have the right to the course and will not receive access data to it. The Provider will automatically withdraw from the contract.
It is not possible to request a refund after paying the Price.
The provider is not a VAT payer
The Client, as the recipient of invoices, grants the Provider consent to electronic invoicing and sending documents pursuant to Act No. 235/2004 Coll. on VAT, § 26 par.
Article V Breach of the Contract, cancellation of the Order
The Client is not entitled to a refund of the Prize in the event of obstacles on his part which prevent him from properly completing the Course.
The Provider is not responsible for the impossibility of completing the Course due to reasons on the part of the Client, as well as for the unsuccessful completion of the final test. The provider is also not responsible for the inability of the client to print a certificate of completion of the course, e.g., due to an error in the client’s printer.
Article VI Complaints
As the subject of the sale is a temporary non-exclusive license for digital content / content that is the intellectual property of the provider, it cannot be claimed.
If the purchased digital content is not properly made available to the buyer, the buyer can make a complaint at the email address: stanislav.jirka@gmail.com
Article VII Protection of intellectual property, licensing agreements
By paying the price, the Client acknowledges that the above-mentioned digital content / courses are covered by the Copyright Act 121/2000 Coll. o Copyright protection and any misuse can be prosecuted.
The contractual agreement on the provision of a non-exclusive license is governed by the provisions of the Civil Code, § 2358 to 2383.
By purchasing the digital content / course sold, the customer does not obtain an exclusive license to use, i.e., the purchased digital content will still be available for purchase by other buyers on the seller’s website.
The Client may use the purchased non-exclusive license for digital content / course only for its own needs, except in cases where it assigns access rights to its Recipients or Participants for whose benefit it has concluded and paid for the contract.
Buyers may not make access to digital content / courses available to third parties who are not parties to the contract. In particular, it is forbidden to copy and distribute in any way, or to publish the purchased digital content as your own. Nor is any public publication of content or screenshots of the digital content / course made available publicly permitted, except for personal use
In addition to the above, it is forbidden to place the purchased digital content / courses, or any part thereof, or their copies on public repositories, with or without a secure password, such as the websites www.webshare.cz, www.ulozto.cz, and the like, including foreign sites and so-called torrents;
It is also forbidden to place any parts of digital content / courses that are subject to a non-exclusive license on social networks such as Facebook, LinkedIn, Twitter, Youtube, etc.
The sale or offer of purchased digital content / course or any part thereof in public databases, photobanks and other types of websites where digital content would be accessible to the general public is prohibited.
It is forbidden to provide the purchased digital content or any part thereof to other persons, except the Client, the Recipient and the User, especially when organizing mass events (e.g., lectures, trainings, courses, etc.) as advertising or support materials for participants in such events;
Other forms of distribution are also prohibited where the purchased digital content would be accessible to the general public
The above agreements do not apply to those parts of purchased digital content that are already publicly available (e.g., citations of legislation) or that are freely available under a free license (e.g., some images or photographs).
Exceptions to the above arrangements are possible only with the prior consent of the seller and, as a rule, under special price conditions, different from the provisions of Article V.
In the event that the Client demonstrably violates these agreements, the Provider has the right to apply a contractual penalty of up to CZK 50,000 for each such stolen digital content / course or violation.
Article VIII Final Provisions
The Provider is entitled to update these GTC. The Client is obliged to monitor changes in these GTC with each Order. The current version of the GTC is always displayed on the Website.
The Contract is concluded in the Czech or English language and the rights and obligations not expressly regulated in these GTC are governed by the relevant provisions of the Civil Code. The contractual relationship between the Client and the Provider is governed by the GTC effective at the time of concluding the Contract. The contract is always valid according to the GTC, valid on the day of concluding the non-exclusive license agreement.
In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
The contract and related issues are governed by Czech law.
Changes to the terms and conditions in other than mutually agreed written form are excluded.
These terms and conditions are effective on the day of posting on the website www.jstconsultancy.cz
Done at Liberec on 1 April 2021