Terms and conditions
The service provider is Websitemaster a.s., a public limited company registered in the Commercial Register, administered by the Municipal Court in Prague in Section B, Entry No. 11178 Identification No. 276 10 128, registered office Prague 5, U Trezorky 921/2, Czech Republic (hereinafter the "Provider").
The User is defined as any physical or legal person, who has concluded a contract with the Provider on the basis of an order in accordance with these terms and conditions (hereinafter the “User“).
2.1. The Provider provides a set of services and partial performances for the purpose of creation and administration of the User's websites within the Internet. These services are available to the Users on the Internet address www.dragito.com. The Users' sites are run on third-level domains www.user.dragito.com, hereinafter the "Service". Any use of the above terminology or other words in the singular, plural or capitalisation are taken as interchangeable and therefore as referring to the same.
3. Contract Conclusion
3.1. Any physical or legal person may become the user of the service of website creation (hereinafter the “User“).
3.2. A contract for services between the User and the Provider can be concluded:
- On the basis of submitting a properly filled in registration form placed on the product site of the service Provider.
- Or by submitting a binding order by the User via the online form placed in the administrative part of their sites
3.3. By concluding a contract of services via the Internet, the User accepts all these terms and conditions in the same extent as if these conditions were signed in the form of a written contract and simultaneously agrees with their personal data processing if the User is a physical person. The Terms and Conditions are binding in the valid up-to-date version that is accessible to the public on websites www.dragito.com.
3.4. After approving the registration form by the Provider, the Service is established for the User, the websites are set in the domain www.user.dragito.com and the administration of these sites is enabled. The User is informed about the service establishment by e-mail that has been stated in the registration form.
3.5. The User shall register to use the Service. In the course of registration, the User is prompted to create a password to their customer account. The User shall keep the password confidential and shall not share it with other parties. The User is held responsible for all activities performed from their account. The User shall instantly notify the Provider if any suspicion related to abuse of their password or making their password accessible to a third party arises. In the event of a well-founded concern that the User's account is being or may be abused, the Provider is entitled to block the User's account or as the case may be to prompt the User to change their password. The Provider is not liable for damages that may arise to the User as a result of disclosure or abuse of their password.
3.6. The Provider is entitled to suspend or abolish the User's registration instantly if the Provider has reasonable ground to assume that the User breaches these terms and conditions or other mutual agreements or the law. By termination or abolishment of the registration no provisions of the terms and conditions that regarding their nature last beyond are aggrieved.
4. Price Programs
The Services are offered by the Provider through the following price programs:
4.1 Beta program
4.1.1. The Service may be used for free of charge.
5. Data about Interoperability of Digital Content, Data about Technical Protection Measures
Our connection to the server www.dragito.com is encrypted in modern web browsers with 256-bit encryption.
6. Service Termination
The Service shall be terminated automatically if the User has not performed any access to the site administration for more than 5 months (this condition does not relate to paying Users).
The User agrees that the Provider is entitled to promptly terminate the provision of services under any of the following conditions:
- website violates any law or good morals
- the site content damages the Provider's reputation or that of a person who is in relation to the Provider a controlled or a controlling person or forms a corporation with the Provider,
- the sites contain only a link to commercial services or as the case may be a link farm (any group of web sites that all hyperlink to every other site in the group),
- the User shall breach these terms and conditions,
- the User uses the services for commercial and other purposes that may (in final consequences) damage the Provider or persons who are in relation to the Provider a controlled or a controlling person or form a corporation with the Provider,
- the User shall abuse, block, modify or anyhow change functions of the Provider's service and/or has attempted to interfere with the stability, operation or service data,
- in cases when the User's sites are disrupted or abused in such a way that they cannot be further used (e.g. in case of persisting hacker attacks and so on.),
- the User's sites spread warez (i.e. copyrighted work that is treated particularly in the conflict with the copyrights) directly or they link to such sites.
If the User is a consumer, they are entitled to withdraw from the contract without stating any reasons within 14 days from the service establishment, which does not apply if they have already started using the Service. To withdraw from the contract the User may use the Withdrawal from Contract Form, which creates the appendix of these conditions. In case the User has already started using the Service, they are obliged to pay a proportional part of the service price for the period of use.
7. Personal Data Processing
7.1. Conditions for personal data processing
For the User who is the consumer, regulations that provide protection by the consumer apply.
Personal data processing is governed by the appropriate legal order. In case the User is the consumer, personal data processing is governed by the appropriate legal order of the country where the consumer usually resides.
The Provider processes personal data of the Users (i.e. data supplied to the Provider by the User) particularly for the purpose of fulfilling the contract between the Provider and the User. The Provider processes personal data of the Users also for the purpose of marketing, for the purpose of creating a database of the Service Users, for the purpose of evaluating target groups of the Users, for the purpose of evaluating traffic of individual Internet sites, for the purpose of evaluation of competitions, sending the Provider's commercial messages or promotion materials, all these for the period of 10 years and provided that the Provider was granted consent by the User for it. Following ways are considered as granting consent: filling in, ticking the consent or any other express approval (especially in electronic form on the Provider's Internet sites).
Supplying personal data is consensual. The User is aware that supplying some personal data is with some services unavoidable.
Each entity is entitled to access their personal data and to correct their personal data.
Each data subject who finds out or assumes that the Provider (processor) processes their personal data in conflict with the protection of private and personal life of the data subject or in conflict with the law, especially if the personal data are inaccurate regarding their purpose of processing, may a) ask the administrator or the processor for an explanation, b) request the administrator or the processor to remove the situation accruing therefrom. This may particularly mean blocking, performing a repair, completion or liquidation of personal data. If the data subject's request is found valid, the administrator or the processor will instantly remove the detrimental situation.
The Provider claims that personal data supplied by the User shall serve the Provider's needs, shall not be made accessible to any third party excluding the Provider's partners and shall be provided abroad solely under observing the terms of applicable legal regulations.
The User shall always give a free and conscious consent to their personal data processing. Giving consent with personal data processing by the Provider is considered: filling in the consent or its ticking or any other express statement in an electronic form – service order on www.dragito.com or any other explicit and specific way within the communication of the User and the Provider.
8. Protection of Intellectual Property Rights
8.1 The Provider is the author of the template, software and the Service itself- i.e. partial creative activities that are copyrighted work.
8.2. The User shall be obligated particularly not to:
- copy, download and spread any of the Provider's or other Users' content without their permission;
- interfere with service use of other Users and prevent them to use the service by any means;
- interfere with safety services;
- use services for sending unrequested messages (spam) and chain messages, send viruses or any other dangerous or harmful programs to the service system;
- create false messages for the purpose of falsifying the User's identity or attempting to penetrate accounts of other Users.
8.3 The Provider is entitled to delete accounts with a speculative character.
8.4 The User is obliged to publish on their sites only content that is in accordance with the law and does not interfere with the Provider's or third persons' rights.
9. Service Abuse
9.1. The User is obliged not to abuse the Service and not to infringe the law and breach other binding legal regulations, these terms and conditions and principles of good manners as well as those of fair business practices within the service use. As a service abuse or breach of obligations defined in the previous sentence is particularly considered:
- content spreading that is bothering, disparaging, against human dignity, discriminating from the view of religion, worship, race or sex, which promotes violence or any other lawless behavior (site content inappropriate for persons under 18 – erotic site content etc. – can solely be placed on sites protected by a password (see the service Site Lockout available in paid programs)!);
- content spreading that endangers the peace or authorized interests of another User or the Provider;
- gaining an unauthorized access to other computer systems;
- disrupting the possibility of another User to use the Service;
- infringing laws related to the use of public electronic communication networks;
- disrupting or interrupting networks or Internet sites related to www.dragito.com;
- creating, spreading or storing of electronic copies of documents and materials that are protected by copyright without previous consent of their owner,
- intentional server overloading or any other intentional abuse of the service software.
9.2 The Provider is entitled to remove any unsafe content from the Internet sites and require and enforce from the User, who has caused damage to the Provider or has caused damage to the Provider by abusing the service, a damage payment to the full extent or assert other claims. The damage is defined as any damage caused to the Provider. The damage may be direct damage as well as any necessarily spent costs and expenses connected with exercising the right to claim damages and removal of the detrimental situation arising out of the service abuse. The damage may also be considered a financial fine that an appropriate administrative body has imposed on the Provider's company for breaching legal regulations as a result of service abuse by the User.
9.3 The Provider is not liable for any content of the Users' sites and is not liable for any stipulations between the User and any third party not even in connection with the Service. The Provider is not even liable for breaching the right by the User or any third party in connection with the Service. The provider is not liable particularly for delivery, payment, loss or damage of products, service provision and warranties of the User, for payment for provided goods or services or any other similar agreements between the User and any third party.
9.4 The Provider is further not liable particularly for:
- the content of Internet sites belonging to third entities that can be visited through www.dragito.com, links to any third party's sites placed on www.dragito.com, advertising, or as the case may be by any other form of promotion performed by any other third entity through the Internet sites of the Service;
- any content placed on the Internet sites of the Service without the Provider's agreement and knowledge, if it is technically not possible and bearable for the Provider to prevent its using;
- incompatibility of www.dragito.com with an end device, the User's software or with their connection to electronic communication networks;
- technical troubles including errors and connection failure with www.dragito.com.
10. Additional Terms and Agreements
10.1. The Provider reserves the right to change these conditions unilaterally. The change of the terms and conditions must be announced to the User by the Provider by e-mail stated in the registration form. The User is entitled to refuse this conditions change within 14 days and withdraw from the contract. To withdraw from the contract the User may use the Withdrawal from Contract Form, which creates the appendix of these conditions.
10.2 In case the User who is the consumer (“Consumer“), is not satisfied with the method that the Provider used to settle the claim or assumes that the Provider has breached their rights, the Consumer is entitled to require rectification of the situation from the Provider. In the event that the Provider will reject the complaint or will not answer the request within 30 days from the day the Consumer sent it, the Consumer is entitled to file a motion to start alternative dispute resolution with an appropriate entity according to the legal order of the country where the consumer usually resides. The Consumer may also use the online platform available on website http://ec.europa.eu/consumers/odr/ to file a motion for alternative dispute resolution.
10.3. The provision of services and their extent is subject to the valid pricelist, which is published on the Provider's websites.
10.4. The Provider shall attempt maximum interoperability and accessibility of provided services. Nevertheless, regarding technical aspects of the service, the Provider cannot guarantee absolute accessibility of the Service. The Provider reserves the right to limit the access to the Service for a necessary period of time to perform repairs, maintenance or system upgrade or to implement new system features.
10.5. The Provider shall not be liable for damages resulting from any loss of data or damage to any stored data.
10.6. The concluded contract shall be kept in the Provider's electronic database.
10.7. The contract can be concluded in English language.
10.8. Providing any errors in the course of registration occur, contact the Provider on email@example.com
10.9. These terms and conditions are valid and effective from 12. 10. 2016.