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“1CLICK” is a software application that is owned and operated by “One Click Business Solutions s.r.o.”, with its registered office at Přílepská 1920, 252 63 Roztoky, Czech Republic, ID: 24812633, VAT CZ24812633, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 176572 (hereinafter also referred to as “One Click”).
These terms and conditions (the “Terms”) govern your use of all One Click products and services.
These terms and conditions govern the legal relationship between One Click on the one hand and the Customer (and Users) on the other hand, based on the Customer’s order, as well as the legal relationship between these entities based on the Customer’s use of the free version of the 1CLICK application, whereby the Customer agrees to the use of these terms and conditions. The order refers to these terms and conditions and by sending it the Customer confirms that he/she has read them. At the same time, the Customer undertakes to ensure that all Users are familiar with the Terms and Conditions and undertakes to ensure that all Users abide by them. If individual Users fail to comply with the obligations set forth in these Terms and Conditions, the Agreement or other agreements of the parties, such violations shall be attributable to the Customer.
BY USING THE 1CLICK APP OR OTHER PRODUCTS AND SERVICES PROVIDED BY ONE CLICK BUSINESS SOLUTIONS S.R.O. THE CUSTOMER AGREES TO THESE TERMS AND CONDITIONS AS WELL AS ANY AMENDMENTS, REVISIONS AND CHANGES TO THESE TERMS AND CONDITIONS. IF THE CUSTOMER DOES NOT AGREE TO THESE TERMS OR DOES NOT WISH TO BE BOUND BY THEM, THE CUSTOMER IS ENTITLED NOT TO USE THE 1CLICK APP, WEBSITE, PRODUCTS OR SERVICES OF ONE CLICK.
One Click reserves the right to revise, amend or modify these Terms at any time at its sole discretion to reflect legal, technical or any other changes in the marketplace. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions. The latest updated version of these Terms is available on the website“www.1click.cz”. Revision, change or modification of these Terms and Conditions shall be carried out in such a way that the Customer has the opportunity not to be bound by the new wording of the Terms and Conditions, as a rule, so that the new wording of the Terms and Conditions is published by One Click at least one month prior to its entry into force, while the Customer has the opportunity, if it does not agree with the new wording of the Terms and Conditions, to terminate the Contract in accordance with the procedure set out in the article “CONTINUATION, TERMINATION AND CHANGE OF THE CONTRACTUAL RELATIONSHIP”, para. 2. these conditions.
The 1CLICK app, its content and related products and services can be used by all persons who are authorized to enter into contracts, but are intended exclusively for business entities. The 1CLICK application is intended primarily for legal entities. If anyone wishes to use the 1CLICK application as a natural person, he/she is entitled to place an order exclusively in accordance with the intended purpose of the application, i.e. in connection with his/her business (primarily for organizational and business purposes). Orders cannot be placed by a person in a consumer capacity – such orders will not be accepted by One Click.
These terms and conditions are agreed for the legal relationship between One Click and the Customer (and Users) when using the 1CLICK products and services. No other person is entitled to benefit from the Contract unless otherwise stated in the Terms of Service (Contract and Terms).
If any provision of these Terms and Conditions proves to be invalid, ineffective or unenforceable, the provision of a generally binding legal regulation whose meaning and purpose is as close as possible to the invalid, ineffective or unenforceable provision shall apply instead. The invalidity, unenforceability or ineffectiveness of any provision shall not affect the validity of the other provisions of these Terms.
If the provisions of these terms and conditions conflict with the provisions of the Agreement or the terms and conditions at the time of the Customer’s earlier order, the provisions of the current terms and conditions shall prevail or the provisions of the current terms and conditions shall apply, unless otherwise stated in the additional documentation sent by One Click to the Customer.
One Click is a business company One Click Business Solutions s.r.o., with its registered office at Přílepská 1920, 252 63 Roztoky, Czech Republic, ID No.: 24812633, VAT No. CZ24812633, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 176572, and is one of the parties to the Agreement as defined below. At the same time, One Click is the administrator of the Customer’s personal data and the personal data of individual Users of the 1CLICK application, and is also the processor of the personal data of the Customer’s clients recorded in the 1CLICK application. In the offer, order, Contract and other documents it may be referred to in various ways, e.g. provider, supplier, contractor, seller, lessor, etc.
1CLICK is a software application owned and operated by One Click Business Solutions s.r.o.
The Customer is the person to whom One Click has granted the use of the 1CLICK application, to which One Click exercises the copyright, and who is the other party to the Agreement. In the offer, order, Contract and other documents it may be referred to in various ways, e.g. customer, assignee, purchaser, lessee, etc.
The Contract is a contract between the Customer and One Click. This Agreement shall be formed by mutual agreement of the Order. Usually, the Contract is concluded in the following way: after a trial period, the Customer expresses interest in the provision of paid services of the 1CLICK application, after which One Click sends a non-binding offer. If the Customer agrees to it, the accuracy of the offer is checked by One Click and a written order is made to the Customer. If the Customer accepts this, the Contract is concluded. The contract is usually concluded by means of distance communication, whereby the order can be accepted by the Customer by signing it and sending it scanned to One Click, or by accepting it in an unambiguous free form email, e.g. “accept order”, “order”, “confirm”, etc.
The Terms and Conditions are the terms and conditions that govern the mutual rights and obligations of the Customer and One Click in providing the 1CLICK application services on the basis of the concluded Agreement. The Terms and Conditions are an integral part of the Contract.
Instance is a label for a separate Customer data object in the 1CLICK application. An instance is established by initially completing and submitting the registration form on the One Click website.
A User Account is an account with separate access rights created by the Customer for the purpose of using the services of the 1CLICK software application.
A User is a natural person who acts on the Customer’s side and logs into the 1CLICK application through their own User Account. The user is a subject of personal data pursuant to Act no. 110/2019 SB. About the processing of personal data.
The trial period is a period during which the Customer and its Users can use the 1CLICK application free of charge and thus get acquainted with all the features offered by the 1CLICK application and make sure that it will suit them completely.
The fee is a monthly charge for the use of 1CLICK services.
The accounting period is either a calendar month or the period from 15th of the month to 14. of the following month. The first billing period (only for automated payments of the Fee by card) is the period from the date of commencement of the provision of the 1CLICK paid services until the end of the calendar month in which the provision of the 1CLICK paid services commenced.
The trial period lasts 30 days from the creation of the 1CLICK trial Instance and is intended to allow the prospective Customer and its Users to familiarize themselves with all the features offered by the 1CLICK application to ensure that it will fully meet their needs.
If the Customer decides not to continue using the 1CLICK application after the expiry of the Trial Period, he/she has the option to request an export of the entered data. Failure to do so will result in the Instance and all data being irretrievably deleted after the 90 day period commencing on the expiry of the Trial Period.
The scope of use of the trial Instance is limited only by the duration of use, the number of Users, which may not exceed 100 Users, and the volume of data stored, which may not exceed 0.5 GB. In terms of functions, the scope of use is not limited in any way.
The trial period ends 30 days after the trial Instance is established. After the expiration of the trial period of the Instance, the Customer is entitled to choose to use one of the paid versions of the 1CLICK application, or use the FREE version of the 1CLICK application, or is entitled to no longer use the 1CLICK application. After the expiration of the trial version of the Instance, if the Customer does not choose to use one of the versions of 1CLICK, One Click is entitled to block the Customer’s access to 1CLICK and, after 90 days from the expiration of the trial period, One Click is entitled to permanently delete the Instance, including all data contained therein.
The Customer is obliged to pay the agreed Fee to One Click for the provision of the service – the 1CLICK application. The amount of the 1CLICK Application Fee is based on the price list published on One Click’s website available here: www.1click.cz/cenik, where the price indicated there is the monthly price per User. The amount of the Fee is calculated as a multiple of the price per User Account specified in the price list and the total number of Users. The fee is payable in advance, at the due date set by One Click.
The billing period is one month (except for the first billing period in the case of automated payment of the Fee by card, in which case the billing period may be part of a month, starting from the date of commencement of the 1CLICK paid services). All prices and Charges are always exclusive of VAT. One Click shall be entitled to add value added tax to each Price and Fee at the rate determined in accordance with the relevant legislation in force at the time of issue of the relevant invoice.
The amount of the Fee is not linked to the actual use of the 1CLICK application in a given period, but to the possibility of using the 1CLICK application in a defined number of Users.
The methods of making regular payments of the Fee include automated card payment and bank transfer.
In the case of automated card payments, the Customer is obliged to set up his/her payment card in the 1CLICK application to the payment terminal, whereby each month the agreed amount corresponding to the agreed Fee will be automatically deducted from the card and an invoice will be sent to the Customer’s registered email. The Fee is payable in advance at One Click’s option, no later than the last day of the month preceding the month in which the 1CLICK Application Services are provided to the Customer. The first Fee for the first billing period will be charged in an aliquot amount corresponding to the ratio of the period of provision of 1CLICK Paid Services to the calendar month (for calculation purposes, 30 days).
In the case of payment by bank transfer, an invoice will be sent by One Click to the Customer’s registered billing email (usually on the 1st or 15th of the calendar month, depending on when the billing period begins). The invoice is due 14 days from the date of issue. In this case, the commencement of the provision of paid services shall be agreed on the first or the fifteenth day of the month, whichever is earlier.
The Customer expressly agrees, in accordance with these Terms and Conditions and applicable law, that invoices will be sent to the Customer only electronically to the Customer’s registered billing email.
In the event of a delay of more than 7 days in payment of the Fee or any other monetary performance of the Customer to One Click, the Customer may be sent an electronic invoice payment reminder to the invoice email address provided.
In the event of a delay in payment of the Fee or any other monetary performance of the Customer to One Click for more than 40 days, the Customer’s access to the 1CLICK application may be blocked. Access will be restored once the amount due has been paid, provided that the Instance is not irrevocably deleted by One Click.
In the event of a delay in payment of the Fee or any other monetary performance of the Customer to One Click for more than 90 days, the Instance may be irrevocably deleted, including any data that is part of it. Deleting an instance automatically terminates the Contract.
One Click performs automatic daily backups of all stored data for each 1CLICK Instance. These advances usually take place from 02:00.
Individual backups are kept for 60 days after they are created. For technical reasons, they are also kept for Instances that have been blocked or cancelled.
Each Customer has the right to receive free backups of its Instance data no more than once every 6 calendar months, solely on the basis of a request from the Customer’s statutory body registered in the public register in the case of a legal entity, and in the case of a natural person entrepreneur, solely on the basis of a personal request from that person. If the Customer requires the provision of a deposit in excess of the above scope, One Click is entitled to charge an appropriate fee for this service, in accordance with the price list attached as Appendix No. 1 of these Terms and Conditions (the Extraordinary Provision of Data Backup item), and One Click shall be entitled to add value added tax to such remuneration at the rate determined in accordance with the relevant legislation in force at the time of issue of the relevant invoice. The fee is due before the service is rendered.
The trial period is intended to allow Customers (and Users) to familiarize themselves with all the features offered by the 1CLICK application. This is a helpful step on the part of One Click, in no way is the Trial Period intended to encourage anyone to try to avoid paying the Service Fee. If anyone uses the 1CLICK application for this period of time in violation of good morals or tries to use the free services longer, then One Click is entitled to block the possibility of re-creating new Instances.
By entering into the Agreement with One Click, the Customer does not acquire any rights to the trademarks of One Click and other third parties.
The Customer and Users established by the Customer are authorized to use the 1CLICK application only personally and are obliged to protect their access rights to User accounts so that they cannot be misused by third parties.
The granted right to use the 1CLICK application is defined by the number of Users and versions of the 1CLICK application specified in the order. The right of use granted is limited in time, unlimited in space and non-exclusive. The scope of use of the right is encoded in the license key, which is unique for each Customer.
The source code of the 1CLICK application is considered strictly confidential information. Neither the Customer, nor its Users, nor any third party is authorized to make any changes to it or attempt to obtain it. No one is authorized to analyze, translate from the source code, modify or incorporate the 1CLICK application into other software in any way.
One Click guarantees a minimum of 99.5% availability of 1CLICK services per calendar month. (this is 99.5% of the total time (30 or 31 or 28 days, 24 hours a day) minus scheduled maintenance, which will be announced in advance).
In the event that availability of at least 99.5% in a calendar month is not maintained, the Customer has the right to request a 25% discount on the monthly Fee if availability is between 97.5% and 99.4%. In the event that the availability of services is lower than 97.5%, the Customer is entitled to claim a discount of 50% of the monthly Fee.
The 1CLICK application is subject to continuous development, maintenance and service improvement. For this reason, access to 1CLICK may be restricted for a short period of time. Regular maintenance of the system and the application is carried out exclusively outside normal working hours (08:00 – 17:00 CET), so that the Customer is as little restricted in this activity as possible.
The period of regular maintenance is not included in the calculation of the 1CLICK application service availability limit mentioned above, while the Customer will always be informed in advance of the scheduled maintenance date via email to the registered administrator contact specified in the order.
If the unavailability of the 1CLICK App is caused by circumstances that exclude One Click’s liability, this period of unavailability of the 1CLICK App shall not be included in the calculation of the 1CLICK App service availability limit set out above. Such circumstances include situations beyond One Click’s control that prevent it from meeting the guaranteed availability of the 1CLICK App.
Such circumstances include, for example, strikes organised by third parties, terrorist attack, wars, civil and military disturbances, epidemics, pandemics and related restrictions and measures. Such circumstances also include situations such as. lightning strikes, fires, floods or earthquakes, as well as circumstances that subsequently result in a state of emergency or other restrictive measures by state or local authorities.
The proposal to enter into the Agreement is made at the moment of sending a completed order form by One Click, in which the specific type of service (version of the 1CLICK application), the unambiguous identification of the Customer and the price of the service (Fee) are precisely specified (hereinafter also referred to as the “Order”). The Contract is then concluded at the moment of acceptance of the order by the Customer, and the provision of paid services of the 1CLICK application is usually started from the date of delivery of the order acceptance.
The contract is always for an indefinite period. The Contract may be terminated by the Customer at any time, with a notice period ending on the expiry of the billing period in which the notice is delivered to One Click.
The Agreement may also be terminated by One Click, even without giving any reason, with a notice period of three full billing periods following the billing period in which the notice was delivered to the Customer (the notice period expires on the expiry of the third billing period following the billing period in which the notice was delivered to the Customer).
The Agreement shall also terminate automatically if the Customer’s Instance is irretrievably deleted for any reason. The customer can have the Instance (including all data) permanently deleted, e.g. as a result of its delay in payment of the Fee or any other payment for more than 90 days. The Instance (including all data) may also be irrevocably deleted from the Customer’s account if a period of 50 days has elapsed since the date from which the Customer is no longer provided with the 1CLICK application services, e.g. on the basis of the customer’s request (termination, agreement, but also other reasons).
One Click shall be entitled, on the date on which the Customer has fallen into arrears of at least 40 days, to cease providing the 1CLICK Application Services and to block the Customer’s access to the Instance. In such case, the Customer is still obliged to pay the Fees for the period during which the Customer was able to use the 1CLICK application services.
The Customer is entitled to request One Click in writing to increase or decrease the number of Users during the term of the Agreement.
In the event of a request for an increase in the number of Users, One Click will normally do so within 24 hours of receipt of the request by OCBS. The fee will be adjusted according to the price list. In the case of payment of the Fee by bank transfer, the Fee is increased from the next billing period, in the case of payment of the Fee by automated card payment, the Fee is increased from the date of commencement of the 1CLICK application service with the increased number of Users.
In the case of a request to downgrade the number of Users, the Customer’s request shall be implemented by One Click on the first day of the billing period following the billing period in which the request is delivered to One Click, provided that the request is delivered in writing to One Click. The prerequisite for the number of Users to be reduced by One Click, based on the Customer’s request, is that the number of Users requested by the Customer in the 1CLICK application must be released (deleted, emptied) on the date on which the reduction in the number of Users is to take place. If this does not happen, only the Users that are released (deleted, emptied) will be demoted by One Click. In such case, the fee will be adjusted in accordance with the price list, starting from the date when the 1CLICK application service is provided with a reduced number of Users.
One Click is entitled to change the wording of these Terms and Conditions from time to time, in accordance with the development of the market situation, changes in the law and other circumstances.
In connection with a change in the Terms, One Click is always obliged to publish the new version of the Terms on its website. At the same time, One Click is obliged to inform Customers of the fact that the terms will be changed, always at least 30 days before the effective date of the new version of the terms.
The Customer is obliged to familiarize himself with the new terms and conditions and in case of disagreement with the new terms and conditions, he has the right to withdraw from the Agreement on the effective date of the new terms and conditions. If the Customer continues to use the Services after the effective date of the new Terms, the Customer shall be deemed to have agreed to these Terms. If the Customer expresses his/her disagreement with the change in the Terms and Conditions, but does not withdraw from the Contract for this reason, the change in the Terms and Conditions shall apply to him/her.
One Click shall be entitled to change the amount of the Fees and shall always inform all existing Customers of such change. Any change in the amount of Charges must be notified to Customers at least 30 days prior to the effective date of such change. In the event of disagreement with the change in the amount of the Fee, the Customer is entitled to terminate the Contract, in which case a notice period of 3 months is provided starting from the effective date of the new amount of the Fee. During this period, the Customer shall then be charged the amount of the Fees at the original amount during the notice period.
One Click is entitled to collect and process the Customer’s and Users’ personal data and other related data and information for the following purposes, which include, in particular, the use of the 1CLICK application services by the Customer and its Users, the provision of support to the Customer and its Users, in connection with the performance of obligations imposed by law, for the purpose of providing backups of individual Instances, and for the purpose of sending commercial communications in connection with the offer of other services of One Click.
One Click is entitled to send information and business notifications to the email addresses provided by the Customer when concluding the Contract (placing an order) and when creating or changing individual User accounts (including free User accounts). If such notices are based on consent, then such consent may be withdrawn at any time by the Customer, or any of its Users, via the link provided in each such notice. If the Customer or its Users withdraw their consent in this way, no further communications will be sent to them.
One Click is entitled to use any data collected in connection with the conclusion of the Agreement solely for the purposes for which the data was collected.
All data and information obtained by One Click from its Customers in connection with the provision of the 1CLICK application services are considered confidential and One Click undertakes to protect them from misuse and also undertakes not to disclose them to any third party for commercial or other purposes. However, this is without prejudice to the legal obligation to release the requested information to administrative authorities, local authorities, courts, law enforcement authorities and other public authorities, always exclusively in accordance with the relevant legislation.
All personal data of the Customer or its Users will always be processed in accordance with the protection of private and personal life, in accordance with the law and in accordance with the guaranteed rights in connection with the GDPR and Act No. 110/2019 Coll., on the processing of personal data, as amended.
In connection with this agreement, the Customer grants One Click consent to the collection and processing of personal data and its use for advertising and marketing purposes. The customer is entitled to withdraw (revoke) this consent at any time.
The data protection regulation is elaborated in more detail in the document Data Protection, which is available here: www.1click.cz/privacy-policy.
The Customer acknowledges that the 1CLICK application and all software, all its components and accessories, source codes, etc. is a copyrighted work within the meaning of Act No. 121/2000 Coll., on Copyright, on rights related to copyright (Copyright Act), as amended. The Customer is entitled to use the 1CLICK application only in the manner, to the extent and for the purpose set out in the Agreement and these Terms and Conditions.
One Click grants the Customer the right to use the 1CLICK Application (the License) subject to the Agreement and these Terms. The license is negotiated as a non-exclusive license with worldwide territorial validity.
The installed 1CLICK application is made operational by means of an “Activation Key”, which acts as an effective technical means of protecting the 1CLICK application within the meaning of the Copyright Act.
In connection with the Contract, One Click will supply the Customer with the relevant Activation Key, which the Customer will use to commission its installation of the 1CLICK application. If you choose to install 1CLICK online via One Click’s website, the relevant Activation Key may be inserted into 1CLICK automatically without the Customer’s participation.
The Activation Key determines specific limitations on the use of the 1CLICK application for a given Customer, in particular, access to only certain parts of the 1CLICK application to which the granted license applies, limitations on the number of active User Accounts that can be used when using the 1CLICK application, and any time limitations on the license. The Customer is obliged to respect the limitations given by its Activation Key as part of the license conditions for the use of the 1CLICK application under the Agreement.
The license granted by One Click under the Agreement entitles the Customer to install the 1CLICK application on a single computing device, e.g. computer (Licensed Device), and inserting the provided Activation Key into this one installation of 1CLICK.
Customer has the right to transfer the license (its installation of 1CLICK and the Activation Key) to a new computing device, provided that Customer immediately cancels, uninstalls and ceases to use 1CLICK on the original computing device. The Customer is not entitled to use multiple installations of 1CLICK with the same Activation Key on multiple computing devices at the same time. Violation of this prohibition constitutes a material breach of the Contract by the Customer within the meaning of Section 2002 par. 1 of the Civil Code.
The license entitles the Customer to access the 1CLICK application using a web browser from any number of workstations, mobile phones or other client devices.
The Customer is not entitled to use the 1CLICK application or its software, any of its components and accessories, source codes, etc. reproduce it, lend it, rent it, lease it, or use it for commercial hosting services. Violation of this prohibition constitutes a material breach of the Contract by the Customer within the meaning of Section 2002 par. 1 of the Civil Code.
The Customer is not entitled to transfer or grant the license to third parties. Violation of this prohibition constitutes a material breach of the Contract by the Customer within the meaning of Section 2002 par. 1 of the Civil Code, in which case One Click shall be entitled to immediately withdraw (terminate) the licence from the Customer, without any claim by the Customer for a refund of the price or Fee paid or any part thereof.
The Customer is not entitled to modify the 1CLICK application in any way, perform reverse analysis, decompilation, conversion from the 1CLICK application machine (source) code or circumvent the effective technical means of protection of the 1CLICK application. Violation of this prohibition constitutes a material breach of the Contract by the Customer within the meaning of Section 2002 par. 1 of the Civil Code.
The Customer is entitled to use the 1CLICK Application solely for the purpose for which it is intended, in accordance with its business description, documentation and other One Click materials.
Neither One Click nor its contracted vendors shall be liable to Customer or any other person for any damages, including consequential, incidental or special damages, including lost profits, that may arise from Customer’s use of or inability to use the 1CLICK App for any reason, such as. due to business interruption or loss of data.
FINAL ARRANGEMENTS
All relations arising from the Contract are governed by Czech law, in particular Act No. 89/2012 Coll., the Civil Code, as amended, including, but not limited to, the provisions on the contract for the provision of digital content, i.e. § 2389a et seq., with the exception of the provisions relating to consumers, where the consumer is not a party to the contract concluded under these terms and conditions. The competent court shall always be the court of the Czech Republic, in accordance with the prorogation clause below (agreement on local jurisdiction), and the applicable law shall always be the law of the Czech Republic. Any conflict of laws provisions of any international treaties or conventions regarding applicable law and jurisdiction shall not apply.
In the event of any disputes or claims arising from the use of the 1CLICK application or from the concluded Agreement, the competent court is the District Court of Prague West or the Municipal Court in Prague, whichever of these courts has jurisdiction over the matter.
These Terms and Conditions do not impose any obligations on One Click other than those set out in these Terms and Conditions and the Agreement.
In the event that any provision of these Terms becomes invalid, ineffective or unenforceable, the validity, effectiveness or enforceability of the other provisions of these Terms shall not be affected as the individual provisions of these Terms shall be deemed to be fully severable from the other provisions. They shall remain valid, effective and enforceable.
The language of the Agreement and these Terms constitute the sole and entire agreement between One Click and its Customers relating to the 1CLICK App and fully supersede any prior representations, undertakings, or advertising relating to the 1CLICK App.
Annex no. 1 of these Terms and Conditions is the Price List, which is always available in its current version on the One Click website www.1click.cz/cenik.
These Terms and Conditions shall take effect on 1. 10. 2023.
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