1.1. This document is an official offer of Fincraft Capital s.r.o. for individuals and legal entities to conclude an agent's commission services agreement on the conditions stated below which is published on https://fincraftsro.com/
1.2. Individuals shall mean residents of the Czech Republic and foreign residents (non-residents of the Czech Republic).
1.3. This public offer for agent's commission services (hereinafter, the Agreement) shall be concluded in accordance with a special procedure by accepting the Agreement containing all conditions hereof without signatures of the parties hereto. This Agreement shall be valid as if it were signed by the parties hereto.
1.4. This agreement is a deed of adherence. Acceptance of conditions below and this public offer shall be confirmed by order of and payment for services.
1.5. This agreement shall be concluded once accepted and remains valid until the parties have fulfilled their obligations hereunder.
1.6. Fincraft Capital s.r.o., hereinafter, the Contractor, on the one hand, and visitor of https://fincraftsro.com/
web-site, individual or legal entity, hereinafter, the Customer, on the other side, have agreed as follows:2. Subject of the Agreement
2.1. The subject of the Agreement shall be rendering by the Contractor in favor of the Customer the agency or other services on public offer conditions. Agency services mentioned herein shall mean acquisition of the specific goods and services in favor of the Customer from the third parties, searching for a supplier or service provider, provision of information and consulting on the subject of the foreign economic activity, additional and/or other services required by the Customer (hereinafter, the Services).
2.2. The Contractor enters into direct relationships with the third parties in order to render the Services in favor of the Customers on its own behalf: conduct the necessary negotiations with potential suppliers, acquires the requested goods and/or services, concludes correspondent agreements, pays invoices, etc.
2.2. The conditions hereof are fully accepted by the Customer. Complete and irrevocable acceptance of the conditions of the Agreement shall be certified by the Customer through payment for selected services. The Customer can receive the services, once they have been paid for, after sending to the Contractor invoice document details.
2.3. Unless stipulated otherwise in the Agreement or implied by the matter of the obligations or requirements by law, the Customer's contractual rights and obligations shall also apply to third parties who benefit from the Agreement.
2.4. The Contractor acts only as an independent contractor. Neither the Contractor nor any of its employees shall be considered or construed as the staff or legal representatives of the Customer for any purpose.
2.5. The Contractor provides the Customer with the Services on a non-exclusive basis. Nothing in this Agreement shall be construed as limiting or preventing the Contractor from providing the same or similar services to persons other than the Customer.
2.6. The Contractor is responsible to the Customer for the results of his work, but he is not subject to be controlled as to how this work should be performed. The Contractor provides the services to the Customer in the framework of its own commercial activities and independently carries entrepreneurial risk. In this regard, the Principal relies on the special skills and knowledge of the Contractor.3. Rights and obligations of the Parties 3.1. The Contractor shall:
3.1.1. provide agency services based on the Customer's request in accordance with the offer of the Contractor. The fee for the services shall be determined by the Contractor;
3.1.2. ensure the quality of provided services in accordance with the standards by the Czech legislation;
3.1.3. inform the Customer of the conditions for purchase and retention of the Contractor's agency services;
3.1.4. provide information support to the Customer using e-lists and other means available to the Contractor;
3.1.5. inform the Customer of the rights and obligations of third parties (companies) directly related to provision of services, including but not limited to the supplier, manufacturer, carrier, insurance company, service provider;
3.1.6. provide timely information to the Customer in case of an increase in the price of rendered services or changes of service periods for any reasons beyond the Contractor's control; 3.2. The Contractor shall be entitled to:
3.2.1. cancel the Order in case the Contractor does not receive payment from the Customer for ordered services within the timeframe set in par. 6.4;
3.2.2. in case the Customer has provided distorted information to the Contractor when concluding the Agreement, the Contractor may terminate the Agreement unilaterally;
3.2.3. terminate relations with the Customer hereunder unilaterally in case the Customer commits a breach of the conditions of the Agreement. The Agreement is deemed to be terminated on the date of sending the relevant e-mail to the Customer;
3.2.4. deliver information to the Customer by means of electronic distribution lists where the Customer's e-mail is included. 3.3. The Customer shall:
3.3.1. make timely orders and pay for ordered services of the Contractor, within the timeframe, and on the conditions established by the Contractor;
3.3.2. read information on services options, prices and conditions on the Contractor's web-site;
3.3.3. for the purpose of rendering the services, timely provide all necessary reliable details and authentic IDs of themselves and the persons to be services recipients under the Customer's order. Any case of failure to provide or provision of incomplete package of documents shall be considered refusal from services;
3.3.4. provide to the Contractor valid mailing address, telephone number, and e-mail required for the Contractor to contact the Customer;
3.3.5. after payment for selected services, send payment confirmation to the Contractor by the specified due date. If the confirmation timeframe is not specified, it shall be one (1) day after payment for the service by the Customer;
3.3.6. in case of non-receipt from the Contractor confirmation of the request registration or provision of paid services (for technical or other reasons) within three days of the Customer's request (confirmation), the Customer shall send an additional request to the Contractor with complete details of the previous request to [email protected]
3.3.7. in case of early termination of the Agreement, refusal from certain ordered services or changes in the services scope, compensate the Contractor for all actual costs incurred to fulfil the obligations hereunder, including penalty paid by the Contractor to third parties. 3.4. The Customer shall be entitled to:
3.4.1. receive from the Contractor the services the Customer has paid for in accordance with the conditions of the Agreement;
3.4.2. receive from the Contractor information on the timeframe and conditions of services;
3.4.3. as agreed with the Contractor, change or cancel ordered services. Any such change or cancellation shall be considered valid subject to written confirmation of the change or cancellation of services from the Contractor;
3.4.4. terminate this Agreement at any time subject to compliance with the refund procedure described in par. 5 hereof. The termination date shall be the date on which the Contractor has received the Customer's written statement by e-mail to [email protected]
. The Customer shall get a refund of the portion of the payment not used to cover the Contractor's expenses; 4. Service conditions and procedure
4.1 Agency services and prices shall be determined by the Contractor. The Contractor shall be entitled to unilaterally revise prices of services and conditions.
4.2. Once the Customer has selected required services, the Customer shall e-mail to the Contractor a written request containing information required for services booking.
4.3. Services shall be sold to the Customer at two stages:
Stage 1 (the Customer purchases services from the Contractor) includes:
– acceptance by the Contractor of the Customer's request for use of services;
– confirmation of the services request for the Customer (services booking).
Stage 2: the Customer pays for the Contractor's services.
4.4. The Customer's preliminary agency services request contains the following information:
desired type of service;
4.5. When booking the services, the Contractor shall inform the Customer in an e-mail of booking and payment conditions or cancellation.
4.6. The Contractor shall retain the right to reject the Customer's request with a relevant notice thereof by e-mail.
4.7. If the services ordered by the Customer cannot be booked, the Contractor shall notify thereof. The Customer may immediately send a booking request again.
4.8. The Contractor shall send to the Customer an invoice for booked services the Customer shall pay within the established timeframe (see par. 6.6.).
4.9. The Contractor shall book necessary ordered services within two business days after payment by the Customer. Information confirming ordered services is delivered to the Customer directly over the phone or in an e-mail.
4.10. If the Customer fails to pay for the services within the established timeframe, the Contractor shall retain the right to cancel the Order without a notice to the Customer. 5. Conditions for cancellation or change of booked services
5.1. The Customer may terminate the Agreement before making the full payment by sending an e-mail thereof to the Contractor to [email protected]
and subject to reimbursement of the Contractor's and host's costs.
5.2. The Customer shall immediately notify the Contractor of any cancellation or change in booking in writing before the period when a cancellation (change) fee is charged (see par. 5.5.).
5.3. Cancellation shall be valid only if confirmed by the Contractor in writing. The cancellation date shall be any business day from 10.00 to 18.00 (CET time) when the Contractor actually receives and confirms cancellation.
5.4. The Customer shall not be entitled to a compensation for unused services in case of refusal of certain services or late arrival. The Contractor shall be entitled without being bound to maintain correspondence with the Customer on any issues arising during fulfilment of the Agreement, in particular in the course of claims procedure, by using the Customer's address, telephone number, and e-mail indicated herein.
In order for the Customer to avoid financial loss in case of an unforeseen refusal of paid services, the Contractor recommends to the Customer to conclude a relevant insurance agreement with an insurance company at own discretion.
5.5. In case the Customer rejects the Contractor's services, the following refund rules shall apply:
– refund of 100% of the fee for the services by the Contractor to the Customer cancelled up to 15 days before the service period (less 3% commission fee on the transaction by a payment system);
– no refund for the services cancelled 14 days before the service period. 6. Payment
6.1. The Contractor provides the Services after receiving the complete prepayment from the Customer if no other prepayment amount is specified by an agreement between the Contractor and the Customer.
6.2. The Customer undertakes to pay agent fees to the Contractor in the amount that equals 1% of the cost of the bank transactions completed by the Contractor in favor of the Customer.
6.3. The Contractor deducts the amount of the agent's fee from the Customer's prepayment received for the execution of the bank transaction in favor of the Customer. The Customer's obligation to pay the agency commission under this Agreement is deemed to have been fulfilled in the amount and at the time of such deduction.
6.4. Wire transfer for rendering the Services shall be sent to the Contractor's settlement account within three banking days of the invoice issued by the Contractor. The payment is considered made once the Customer's funds are credited to the Contractor's settlement account. In this case services shall be booked within two days of actual crediting of funds to the Contractor's settlement account.
6.5. The Contractor shall review the price of services with a prior notice to the Customer and the Customer shall make additional payment in case the price changes due to an increase in transport tariffs and introduction of new or increase of current taxes, dues, and other mandatory payments; and in case of other obligations beyond the Contractor's control.
6.6. After payment for the services, on or on the day following the payment date, the Customer shall e-mail to the Contractor payment confirmation with payment details in accordance with the Contractor's requirements. Payment for the service is considered confirmed once the Contractor's bank notifies that the funds are credited to the account. 7. Special conditions and liability of the Parties
7.1. The Customer shall be responsible for correct and timely payments, service requests e-mailed to the Contractor, adherence to instructions, regulations, and requirements applicable to rendered services and e-mailed to the Contractor, correct contacts, including mailing address and e-mail, personal details and ID; support of conditions for rendering the service on site.
7.2. The Contractor shall be responsible for the quality and timely provision of services subject to the Customer complying with established rules and requirements.
7.3. The Contractor shall not be held liable for non-provision of services if the Customer fails to meet the payment rules, service request generation and sending rules or in case of any technical, organizational, mail, financial, or other reasons beyond the Contractor's control that might hinder the provision of services. Payment for the services made by the Customer is cancelled in this case pursuant to the cancellation conditions described in par. 5 hereof or is refunded to the Customer less expenses and/or loss of the Contractor. In case the Customer rejects the rendered service or commits other actions resulting in the Contractor's loss, the Contractor may demand from the Customer a compensation of financial damage or lost profits.
7.4. The Contractor shall not be held liable if the Customer does not receive the service in case:
7.4.1. the Customer has paid for the service but the Contractor has not received a payment confirmation from the Customer by due date;
7.4.2. the e-mail specified by the Customer in the request contains a mistake or is unavailable on the mail distribution date;
7.4.3. the format of the request submitted by the Customer is incorrect or has been sent with technical violations, has errors in addresses, virus content, or is blocked by mail servers;
7.4.4. the Customer or its representatives commit erroneous actions which make rendering of ordered services impossible, the Customer cannot receive ordered services due to own problems (no network access, shortage of time, illness or other reasons which hinder or make required actions impossible).
7.5. In case the Customer fails to receive fully or partially paid services from the Contractor for the reasons set forth in par. 7.4, payment will not be refunded or used to pay for other services. The Contractor deems the services rendered but not accepted by the Customer through the Customer's fault or fault of third parties or due to force majeure.
7.6. The Contractor shall not be liable for any technical, organizational, postal, financial, or other issues of the Customer and/or its Media Service Provider and /or other causes which prevent timely receipt of ordered services. The prepayment in this case shall not be refunded or used to pay for other services.
7.7. Unless the Parties agreed otherwise, the Customer shall have non-exclusive, non-transferrable, and reversionary right to use the Contractor's information relative to services and subject of the Agreement for own needs. The information sent to the Customer as part of the services rendered by the Contractor shall be used by the Customer only and cannot be transferred to third parties, reproduced, distributed, forwarded, or published in electronic, paper, or other form without an official notice to the Contractor or additional agreements. In case of any permitted use of the Contractor's information, the Customer shall indicate in this information a link to the Contractor's details as follows: Fincraft Capital s.r.o. (Contractor's company name), https://fincraftsro.com/
(Contractor's website), e-mail: [email protected]
7.8. The Contractor shall not be directly liable for the content of the information delivered to the Customer, direct or indirect damage caused to the Customer resulting from its use, non-use, misuse, or impossibility of use.
7.9. The Customer shall undertake responsibility and risks related to the Internet use, including liability for assessment of the accuracy, completeness, and usefulness of any information, as well as properties and qualities or the services rendered to the Customer by the Contractor.
7.10. The Contractor shall not be liable for the quality of public channels or services that render access for the Customer to services. The services hereunder shall apply to all Customers.
7.11. Contractor shall not be liable for the delivery and custom clearance of the goods ordered by the Customer. The complaints related to improper delivery of goods shall by addressed to the supplier.
7.12. Amendments to the conditions of the Agreement relative to each Customer shall be made as separate agreements or additional agreements thereto.
7.13. Force majeure (fire, military actions, resolutions of supreme government authorities, strikes, etc.) which may prevent fulfillment of the obligations hereunder shall exempt the parties from liability for obligations. 8. Dispute resolution
8.1. The parties shall make every effort to settle any difference or dispute due to failure to perform or improper fulfillment of this Agreement by amicable negotiation or agreement.
8.2. The Customer may file a written claim regarding the quality of agency services to the Contractor no later than 5 days after the end of the journey. The claim shall be considered within 10 days after receipt. After this time the parties shall inform each other of the decision made.
8.3. The claims to the Contractor related to the services shall be considered only once the Customer presents relevant financial documents that confirm payment for the services, sent requests, correspondence, and all required documentation, including any that might be requested by the Contractor.
8.4. If amicable agreement cannot be achieved by negotiation, disputes shall be considered and resolved by the Czech Arbitration Court. 9. Conclusion, amendment, or termination of the agreement
9.1. The Agreement shall be considered concluded when payment is credited to the Contractor's settlement account.
9.2. This Public Offer has the power of the Service Acceptance Report. Acceptance is performed without signing of the corresponding act. Services shall be considered properly rendered to the full extent if the Customer does not make an appropriate claim.
9.3. In accordance with clause 9.2. The Contractor sends the Offer to the Customer by e-mail a unilateral act on the services rendered, drawn up by the Contractor, available for download. If, within 3 (Three) calendar days from the date of sending the Act, the Contractor does not receive a claim containing objections to the content of the Act, it will be considered that the Contractor's obligations to the Customer have been duly fulfilled. The electronic Act specified in this clause has legal force, as if it were drawn up on paper. The e-mail of the Customer is the e-mail indicated by him in the "Organization data" section in his personal account.
9.4. The Customer agrees on electronic document management. That means that it is not required to draw up a bilateral acceptance act on paper with the signatures and seals of each of the parties. The Electronic Act in pdf format shall be sent to the Customer on a monthly basis, no later than the 5th day of the month following the billing period. If your organization nevertheless needs an original paper based copy of the Act write us a request to the following e-mail: [email protected]
, or send it from the "Support and Feedback" page in your personal account. When making request, be sure to indicate the phone number of the responsible employee. Postage costs shall be paid by the Customer.
9.5. This Agreement shall be concluded for an indefinite period and may be terminated by either party.
9.6. The Customer shall be entitled, at any time, to unilaterally reject the Contractor's services. In case of unilateral rejection of the Contractor's services without the Contractor violating its responsibilities, payment shall not be refunded.
9.7. The Contractor shall retain the right to amend or complement any conditions hereof at any time. All amendments in this case shall be published on the Contractor's web-site. In case the amendments are unacceptable for the Customer, the Customer shall notify the Contractor thereof within 14 days after publishing the amendments. If there is no notice, the Customer is considered to keep contractual relations.
9.8. In all aspects not governed by the Agreement, the Parties shall be guided by current Czech legislation.