Terms and conditions of the Evolio information system

1. The Provider has developed the Evolio information system as a software service operated as an online cloud solution on the Provider’s infrastructure – a client-server solution; the software is provided in Software as a service mode (hereinafter referred to as “IS Evolio” or also referred to as “Software”). The design for use and description of Evolio IS functionalities is contained in the technical and user documentation available on the website dokumentace.evolio.cz.
2. Evolio IS is intended mainly for attorneys or law firms for use in the performance of advocacy or for collection agencies for use in the management of receivables and their recovery or for other clients who are interested in using Evolio IS in the performance of their activities (hereinafter also referred to as the “Customer”).
3. These Terms and Conditions define the rights and obligations of the Provider and the Customer in the delivery and implementation of IS Evolio, the terms and conditions of the license to use IS Evolio and the provision of related services.
4. Unless otherwise stated below, capitalised terms used in these Terms and Conditions and/or the Contract shall have the following meanings:
   

   Deadline	Meaning
   IS Evolio / Software / Service	Multiplatform information system especially for attorneys, law firms and collection agencies, which within the individual modules provides in particular the processing of the complex agenda of a law firm or a collection agency, subsequent billing, overviews of performed actions, automation of file management processes, data and management statistics.
   IS Evolio Version / Version	IS Evolio has several versions of licenses (tariffs), which differ in the range of modules and platforms, the number of users, and the size of the database space for data storage.
   Availability	Availability is expressed as a percentage and can be thought of as the probability that an information system provides the desired functionality under specified conditions and at a given point in time. Availability is determined both by the reliability of the system itself and the time it takes to restore service after a failure.
   Response / reaction time	The time between the reporting of the fault and the start of the Provider’s actions aimed at eliminating the fault. The start of the response time is determined by the receipt of the fault report. The abbreviation NBD is used in the response – it stands for “next business day”.
   Categorisation of defects	Classification of the disorder into Class A, B, C, D, E.
   Failure / glitch / incident	Faulty execution or loss of function Software. A malfunctioning function is one that is not as described in the technical or user documentation. If the description of the function is not documented, the correct function is the one expected by the Customer. The failure is not the Customer’s ignorance regarding the functionality of the Software described in the technical documentation available on the documentation.evolio.cz website.
   Repair of the defect / Troubleshooting	Removing the defect or creating an alternative solution that will bridge the defect and not functionally limit the Software. The actual location and notification of the cause of the fault to the End User shall also be deemed to be the removal of the fault, but only if the cause of the fault has been identified: on the Customer’s side (e.g. faulty data entry or insertion of files of inappropriate formats or sizes, defect of the server or other technical equipment or software of the Customer), or on the part of other service providers or technical equipment (e.g. internet connection failure), or as a result of a change in the data formats, information systems or procedures of third parties on which the Software or any part thereof was dependent; or as a result of other unforeseeable facts not caused by the Provider (e.g. problems with operating systems and their environment or upgrades, hardware failures).
   Help Desk	A service used to record and resolve error messages, queries, comments and requests arising from the provision of the Service (technical support, service and maintenance service), accessible via the email address podpora@evolio.cz. The Provider reserves the right not to respond to requests, errors and comments not registered in the Help Desk.
   Critical urgency A	An incident marked with critical urgency has an extraordinary impact on the work of Users. This means that more than 50% of Users of a particular Customer cannot work, e.g. You cannot connect to the database server or save documents.
   Very high urgency B	An incident marked as very high urgency significantly affects at least 30% of the Customer’s Users to a significant extent in their work.
   High urgency C	An incident marked as high urgency significantly affects individual Users or is a significant specialized part of the system but does not affect other functionality.
   Common urgency D	An incident marked with normal urgency has a standard impact on the work of Users.
   Little urgency E	An incident marked as low urgency has little impact on the work of Users.
   Reliability	The number of outages or failures of the relevant service during the measured period.
   Burden	The level of requirements/activities beyond which the required level of Service may not be provided.
   Update and upgrade	A new version of IS Evolio, which is usually created on the basis of own analytical work, requirements of Customers, changes in the legislation, etc. special requirements of a particular Customer.
   Development cycle	A period in which requirements analysis, development, testing, and corrections take place, culminating in the release of a new version of the IS.
   End User / User	An employee of the Customer who uses the Software and is a subscriber of the Services.
   Trainee / User with trainee status	An employee of the Customer who uses the Software as part of his/her studies at a university with a field of study identical or similar to the subject of the Customer’s business and who practices at the Customer.
   Registration account	Registration account means the Customer’s account created after completing the registration form at the conclusion of the Agreement. The Customer can use the registration account to change the settings of the Services and the Evolio IS Version.
   User’s account	User account means a method of enabling access to a specific User of the Customer to the Evolio IS on the basis of separate login data assigned to this account.

1. The contract for the supply and implementation of Evolio IS and provision of related services may be concluded within the limits, scope and under the conditions set out in these Terms and Conditions on the basis of a written agreement with the Provider and/or by confirming consent to these Terms and Conditions by completing and submitting the registration form on the Provider’s website and then confirming the registration by using the activation link in the email sent to the Customer’s email address specified in the registration form (hereinafter referred to as “Contract“). By submitting the registration form,a registration account is created for the Customer.
2. The contract can be, inter alia. change also on the basis of the Customer’s order accepted by the Provider, which includes the specification of the ordered additional functionality of IS Evolio and the corresponding remuneration of the Provider. It is understood that the amendment of the Contract, resp. agreed upon additional Evolio IS functionality, are agreed upon at the latest at the moment when the Provider has created the additional functionality requested by the Customer and launched this functionality.
3. The Customer is not entitled to exclude the effectiveness of these OPs, to change or supplement the provisions of these OPs (including any part thereof), even if only in a way that does not substantially change the terms of the OPs or the Contract, or in a way that expresses the same terms only in different words, without the prior and express written consent of the Provider. Any reference by the Customer to its own terms and conditions or those of third parties shall not produce legal effects, and the Parties expressly exclude the application of the provisions of Section 1751(2) of Act No. 89/2012 Coll., Civil Code.
4. By concluding the Contract and confirming consent to the OP, the Customer agrees, inter alia, that the Provider is entitled to unilaterally change these OP at any time. Any changes to these OPs so made by the Provider shall be notified to the Customer in writing. The Customer shall have the right to reject the notified changes to these OPs and terminate the Contract for this reason within 30 (thirty) days of their notification by the Provider; if the changes to the OPs are not rejected within the specified period, the Customer shall be deemed to have accepted the notified changes to the OPs. In case of rejection of the notified changes to the OP, the notice period shall be 3 (three) months and shall commence upon delivery of the Client’s written notification of rejection of the changes to the OP to the Provider. Notification by email communication to the address communicated or provided by the Customer to the Provider for communication with the Provider or Intercom services shall also be deemed to be in writing within the meaning of this provision.

1. Services under the Contract:

1.1. The scope of individual IS Evolio modules and platforms varies according to the IS Evolio version option. By concluding the Agreement, the Provider undertakes to make available to the Customer the selected version of IS Evolio and to provide the software services specified in Art. 3 para. 1.6 of the OP (hereinafter referred to as “Services“). The Customer undertakes to pay for the access to the selected version of IS Evolio and the provided Services the price according to the Price List of Services, which is a part of these OP.

1.1.1 The IS version of Evolio-FREE is intended only for persons practising law in accordance with Act No. 85/1996 Coll. on advocacy, as well as persons whose business is debt management and debt collection. Other entities are not entitled to it.

1.2. The selected IS Evolio version can be changed to a higher or lower IS Evolio version. The Customer’s request to change the IS Evolio Version option is made by the Customer in the registration account. The newly selected version of IS Evolio will be active for the Customer on the next working day, from which point the Customer undertakes to pay the price of this higher version of IS Evolio as specified in the Price List.

1.3. The selected IS Evolio Version is changed to a higher IS Evolio Version when the standard of this higher IS Evolio Version is met (e.g. increase in the number of end users of the Customer, exceeding the size of the database space, filling of the relevant receivables management module, etc.), the Customer will be sent a notification about the change of the IS Evolio Version. The Customer undertakes to pay the price of this higher IS Evolio Version as stated in the Price List of Services, starting from the next working day after this change.

1.4. In the case of the IS Evolio-FREE version selected by the Customer, the Provider is entitled to unilaterally and without prior notice to the Customer terminate the provision of Services and cancel the Customer’s Registration Account and related User Accounts if none of the Users has logged into the IS Evolio for more than 30 days, or if the Provider determines that the data filled in the registration form is false, inaccurate or distorted.

1.5 Making the selected IS Evolio version available:

1.5.1. The Provider is obliged to make (deliver) the Evolio IS available through the web interface and to provide all access data for this purpose. The Provider undertakes to provide the data by e-mail.

1.5.2. Access to Evolio IS will be made with separate login credentials for each End User of the Customer. Each End User of IS Evolio will have its own user account. The User account is authorized to be used only by the User for whom it was created. In the event that the account of a User with the status of Trainee is used by a User who does not have the status of Trainee, and it was previously a free Account, it becomes a paid Account.

1.5.3. The Provider undertakes to perform the commissioning of IS Evolio taking into account the operational needs of the Customer so that its activities are limited only to the extent necessary; the Customer acknowledges that during this period there may be certain limitations, which, however, will not fundamentally hinder its normal activities.

1.5.4. The Software will be made available for the entire term of the Agreement. The Provider is entitled to make the Software unavailable if the Customer is more than 30 days in arrears with the payment of financial obligations to the Provider or in case of a gross violation of the Customer’s obligations.

1.5.5. The Customer is obliged to keep the access data to the Software (or all access data of the Customer’s end users) confidential and to protect them from misuse by third parties.

1.5.6. The Customer is not entitled to distribute, copy or otherwise allow the Software to be used by persons other than the Customer’s End Users, unless otherwise agreed in writing in advance by the Parties. The Customer’s data will be placed in the Evolio IS databases.

1.5.7. The Customer acknowledges that the price of the license to the Evolio IS according to the Price List of Services corresponds to the number of End Users using the Evolio IS in the relevant calendar month.

1.6. Provision of the Service:

1.6.1. Initial training of End Users – The Provider shall train End Users at the Customer’s request for the purpose of operating the Evolio IS at an agreed time. Training requires sufficient competence of End Users.

1.6.2. Hosting services – IS Evolio is operated as a service via a web interface, on a server located in the Microsoft Azure data centre, West Europe, Amsterdam.

1.6.3. Technical support, service and maintenance – within the scope of Art. 4 OP.

1.6.4. Availability of IS Evolio – is expressed by SLA (Service Level Agreement). IS Evolio is a service provided around the clock (24 hours a day). The Provider undertakes that the minimum availability of IS Evolio is 98%, i.e. will be operational for at least 98% of the operating time. The accessibility conditions are set out in the following OPs.

1.6.5. Evolio IS Update – a modification made by the Provider based on the requirements of End Users or Customers, approved by the Provider, where the nature of such modifications to the Software implies that they can be used by all users of the Software; or making changes to the Software resulting from modifications to legal regulations;

1.6.6. IS Development and Upgrade Evolio – modification carried out by the Provider on the basis of its own methodological development; expansion of Evolio IS functionality on the basis of the plan of legislative changes and taking into account the requirements of individual users (it is not the delivery of additional modules or incorporation of special requirements of the Customer, the inclusion of the Customer’s requirements in the work plan for the Evolio IS Upgrade is decided by the Provider with regard to the Evolio IS development strategy).

2. Other accompanying paid services:

2.1. Beyond the scope of performance under the Contract, the Provider may, at the Client’s request, provide other accompanying paid services (hereinafter also referred to as “DPS“).

2.2. Ancillary paid services provided on the basis of direct use of the DPS by the Customer:

2.2.1. The Provider, through IS Evolio and its individual modules connected to its own or third-party paid services (SMS Gateway, PostService Hybrid Mail, Non-Banking Register, Statement of the Central Register of Executions, EPR Generation and others listed in the Price List of Services), enables the Customer to use its own or third-party services by actively using the relevant service in the IS Evolio module. Active use of the relevant service in the IS Evolio module by the Customer entitles the Provider to payment of the price according to the Price List.

2.2.2. The Provider is entitled to make the Customer unavailable for active use of its own or third-party paid accompanying services in the event of a delay of more than 30 days in the payment of the Customer’s financial obligations to the Provider.

2.3. Accompanying paid services provided on the basis of the Customer’s order:

2.3.1. Based on the contents of the Customer’s order, the Provider shall prepare a statement of work containing the number of units to determine the total price according to the Price List of Services (according to unit rates) and send it to the Customer for approval in the same manner as the Customer’s order. The Provider reserves the right to charge for each quarter hour (15 minutes) at the hourly rate. The Client shall be deemed to have approved the statement of work if it does not comment within 3 days from the date of sending the statement of work to the Client. The Provider is entitled to require an advance payment of up to 50% of the price before providing the DPS.

2.3.2. Development and research. Based on the Customer’s order to create new functionalities and modules of IS Evolio or to extend existing functionalities and modules tailored to the Customer, the Provider shall perform research and development and provide related consulting services. The price of these services is governed by the applicable Price List.

2.3.3. Data migration. Based on the Customer’s order, the Provider will migrate data from the Customer’s information system to IS Evolio. The price of these services is governed by the applicable Price List.

2.3.4. Feasibility study, analysis and implementation schedule . If the research and development or data migration required by the Customer is of significant scope, the provision of this service also requires the preparation of a feasibility study or analysis including a phased implementation schedule. The price of these services is governed by the applicable Price List.

2.3.5. Implementation. Implementation means adjustments to the settings of the Evolio information system and its configuration according to the Customer’s instructions. Most often this involves creating document templates with print parameters, creating and editing reports, etc. These are interventions that do not require programming modifications to the information system.

2.3.6. Creation of individual manual or additional documents. Based on the Customer’s order, the Provider will create an individual manual for the Customer and the required documents related to the use and maximum use of the potential of IS Evolio. The price of these services is governed by the applicable Price List.

1. The subject of technical support, service and maintenance is to provide the Customer and the Customer’s end users with a single point of contact for customer support – Help Desk.
2. Help Desk. All service requests related to specific services provided are submitted and resolved via email at podpora@evolio.cz. Consultations can be handled via the telephone hotline. Help Desk availability on a monthly basis is 98%. The Help Desk can be used on weekdays from 8:00 to 16:00.
3. Technical support . Technical support provided by the Provider is used to resolve incidents, malfunctions, problems and defects that arise during the operation of IS Evolio. The task of technical support is to resolve the incident in the shortest possible time, i.e. incorrect status. The cause of the incident can be discovered and resolved afterwards. Resolving the cause of the incident may be without or with the need to intervene in the program code. Therefore, the resolution time for an incident requiring software modifications is based on the time required to release a service pack or new version. Technical support can be used on working days from 8:00 to 16:00

3.1. Categorization of defects is performed by the Provider according to the content of the Customer’s request. The Provider’s response and deadlines for fault resolution depend on the categorization of faults.
3.2. Response:

A. Critical urgency	4 hours
B. Very high urgency	1 NBD
C. High urgency	3 NBD
D. Common urgency	3 NBD
E. Little urgency	5 NBD

3.3. Troubleshooting (fix time):

A. Critical urgency	4 hours
B. Very high urgency	1 NBD
C. High urgency	3 NBD
D. Common urgency	5 NBD
E. Little urgency	10 NBD

Restrictions: solution of the requirement max. 8 hours a day.

NBD = „Next business day“, tj. esc. a request submitted at 12:00 on Friday must be resolved by 12:00 on Monday.

1. The Customer understands that the Provider performs periodic maintenance to improve the Evolio IS, during which access to the Evolio IS may be temporarily restricted or excluded. Availability does not include maintenance that is preferably performed outside of business hours (i.e., outside of Monday through Friday, 8 a.m. to 5 p.m.) and is announced at least 1 business day in advance at https://evolio.instatus.com/. Here the status of the system, notifications of planned updates and current outages are listed.
2. The provider is not liable for compliance with the specified availability if the availability is not complied with due to circumstances excluding liability (force majeure). Circumstances excluding liability shall be deemed to be an obstacle that has arisen independently of the Provider’s will and prevents the Provider from fulfilling the obligation, if it cannot reasonably be assumed that the Provider would have averted or overcome the obstacle or its consequences and that the Provider would have foreseen the obstacle at the time the obligation arose. Obstacles which, according to the previous sentence, can be considered as circumstances excluding liability are in particular: (a) strikes, if the event occurs as a result of organisation by third parties; (b) terrorist attack; (c) wars, civil and military disturbances, blockades, insurrections, riots, epidemics, quarantine restrictions, states of emergency; d) lightning, earthquake, fire, storm, flood, landslides; (e) events leading to the declaration of a state of emergency within the meaning of the relevant provisions of the Energy Act.
3. The Provider is in no way responsible for the availability of the Evolio IS on the Internet due to the fact that this network is decentralized and without third-party guarantees. The Service may be susceptible to limits, delays and other problems caused by the use of the Internet and electronic communications. The Provider shall not be liable for such delays; system malfunctions or other damage resulting from these limits.
4. The Customer acknowledges that the Evolio IS may include additional services provided by third parties (information from the court registry, insolvency and commercial registers, the central register of executions, etc.). The Provider is not liable for the accuracy, truthfulness, completeness and timeliness of the information that the Customer receives when using these additional services and is not liable for any damage caused to the Customer by interruptions in their operation. The unavailability of any of the additional services provided by third parties through IS Evolio does not count towards the specified availability (98%) according to these OPs.
5. IS Evolio is not 100% protected against error and failure. The service must not be used for so-called. „critical use“ (High Risk Use), if its failure or malfunction could cause death or injury to persons, damage to property or the environment. The customer shall undertakes to indemnify the Provider if any third party, provided by the Client via IS Evolio services for the so-called „critical use“, including the Customer itself, raised against Provider claims arising in connection with the use of the IS Evolio for “critical use”.
6. In the event that the availability of Evolio IS does not reach the specified value (98%), a lump-sum compensation is negotiated in the form of a discount equal to a proportion of the licence price for the period during which Evolio IS was not available. The maximum discount is equal to the monthly price for using IS Evolio.
7. Data storage devices are technical devices whose failure rate is an objective phenomenon. In the event of a failure resulting in data loss, the data is restored from available backups performed by the Provider.
8. The availability of IS Evolio is evaluated annually.
9. Upon termination of the Contract, the Provider shall, for a price in accordance with the Price List for Services, enable the transfer of all the Customer’s data as follows: 1. a copy of the database in the BACPAC package format; 2. a copy of the document files in a compressed ZIP file The data will be transmitted electronically in the form of a download link.

1. The Customer hereby acknowledges and agrees that IS Evolio is operated and provided in the form of “SaaS” (Software as a Service), i.e. The Customer does not own or purchase the software constituting the Evolio IS itself, but uses the Evolio IS for the duration and under the terms and conditions of the Contract and/or these OP. In this context, the Provider grants the Customer a non-exclusive right to exercise the right to use the Evolio IS (hereinafter referred to as the “License“), solely for the purpose of proper use of the Evolio IS for the duration of the Agreement.
2. The Customer is not entitled to grant a sub-licence or assign the Licence to another person.
3. The Customer shall not be entitled to reproduce IS Evolio for the purpose of distribution, distribute or in any way communicate to third parties, rent or lend it, unless the Provider has given its prior express consent.
4. The Customer is also obliged to comply with all restrictions on the use of IS Evolio set by law, the Contract and the OP. In this context, the Customer acknowledges that the texts, photographs, graphic works, and other elements contained within IS Evolio are individually and/or as a whole (hereinafter collectively referred to as “Copyright Works“) are protected by copyright. Unless otherwise agreed in writing with the Provider, authorized use of copyrighted works may occur only to the extent and in the manner set forth in these TOU. In particular, the Customer is not allowed to use the copyright works in the form of their reproduction (copying) in order to achieve direct or indirect economic or commercial benefit, as well as their use in the form of distribution, rental, display or communication of the work to the public (including communication to the public via the Internet).
5. License Restrictions
   5.1. The Customer may not perform modification, reverse analysis, recompilation, penetration testing on IS Evolio.
   5.2. Furthermore, the Customer must not overload IS Evolio with requirements, perform decompilations and reverse engineering.
   5.3. The Customer is not entitled to make any modifications to the source code, to access the source code or to make the source code of the application available to a third party.
6. Revocation of the license, cancellation of the Contract:
   6.1. The Provider is entitled to reasonably control the Customer’s compliance with the license granted, in the event that the Customer violates the obligation arising from the limitation of the license, the Provider is entitled to revoke the license and withdraw from the Agreement.

1. The price for the provision of IS Evolio and Services, as well as the price of the DPS is regulated in the Price List of Services available on the Provider’s website. The Price List of Services is part of these OP, changes to the Price List of Services will be made in accordance with Art. 2 of these OPs. By concluding the Contract and accepting these Terms and Conditions, the Customer agrees to unilaterally change the Price List of Services in accordance with Art. 2 of these OPs.
2. Price list of licenses according to the contract (čl. 3 paragraph 1 ofthe OP) is updated once a year. Price increases within the Price List of Services will be made in particular in the event of a substantial improvement of the existing Evolio IS functionalities or the addition of new Evolio IS functionalities, or in the event of a significant increase in justified costs or inflation rate, not earlier than in the calendar year following the conclusion of this Agreement, but by a maximum of 20%. Prices for other Services in the Service Price List, excluding licenses, may be updated more than once a year. The new price will be published in the Price List of Services, which is published on the Provider’s website. The Provider will notify the Customer of the price increase via the email provided during registration in the registration account. The Customer is obliged to get acquainted with the new price conditions published on the Provider’s website. If the Customer continues to use the Services after the increase in the price of the Services without terminating the Contract pursuant to Art. 2 of these OPs, they are deemed to agree to the increase. However, the Customer has the option to reject this change in price conditions in accordance with Art. 2 of these OPs.
3. Payments for licenses under the contract (Art. 3 paragraph 1of the OP) may be set as monthly or annual. In the case of monthly payments, the Customer shall pay the price of the Services through a payment gateway – automated card payments or on the basis of invoices issued by the Provider on 1 January each year. the day of the monthly period for which the Services are paid and in which the Services are provided, payable 10 days from the date of issue. In the case of annual payments, the Customer shall pay the price of the Services through a payment gateway – automated card payments or on the basis of invoices issued by the Provider on 1 January 2016. day of the annual period for which the Services are paid and in which the Services are provided, payable 10 days from the date of issue. The Customer and the Provider may agree different payment terms in the SaaS Contract (for the provision of software services).
4. Payments for the provision of ancillary paid services of the DPS (Art. 3 para. 2 OP) are set as monthly per consumedé servicesy or in the form of an advance payment for future consumption of services in the form of Evolio Credit (Art. 8 OP), whereby the Provider decides on the form of payment.
5. The parties have agreed to electronic invoicing sent to the email address filled in when setting up the registration account. The invoice must comply with the requirements of a tax document. In the event that the invoice does not contain the statutory or the above-mentioned elements, the Customer is entitled to return it by the due date with the Provider being obliged to issue a new invoice with a new due date. In this case, the Customer is not in default with the payment of the invoice.
6. The moment of payment is the moment of crediting the relevant amount to the Provider’s account specified in the invoice.

1. The Evolio Credit account is used to make a deposit for future purchases of Ancillary Paid Services provided on the basis of the Customer’s direct use of the DPS. The Evolio Credit account cannot be used to purchase Evolio IS Licenses or Additional Paid Services provided on the basis of the Customer’s order.
2. General terms and conditions for the creation and use of an Evolio Kredit account
   2.1. An Evolio Kredit account can only be set up (activated) after registration.
   2.2. If the user is logged in, the current available balance of the Evolio Kredit account is displayed in the Evolia settings in the Subscription Management section.
   2.3. An overview of Evolio Kredit account transactions is available by logging in to the same section.
3. Rights and obligations of the Provider and the Evolio Kredit Account Holder
   3.1. In case of violation of these Terms and Conditions (T&C) or generally binding legal regulations by the Holder, the Provider is entitled to electronically block the Evolio Kredit account function until the Holder fulfils its obligations under the T&C or legal regulations. A notice of the blocking of the Evolio Kredit account will be sent in writing to the address indicated in the registration.
   3.2. The Provider shall be liable on the Evolio Kredit Account and for the incorrect execution of operations by the Evolio Kredit Account Holder, if the incorrect execution of the operation was caused by a software malfunction or unauthorised access to the Evolio Kredit system and this failure was not caused by the Evolio Kredit Account Holder knowingly, by faulty operation or by his/her actions in violation of the OP.
   3.3. The Provider shall not be liable for damages incurred by the Holder as a result of the provision of false or invalid data by the Holder or failure to update the data in case of change.
   3.4. The Provider shall not be liable for damages incurred by the Evolio Kredit Account Holder due to user actions by the Customer leading to unplanned use of the Services.
   3.5. In the event of a dispute with the Evolio Kredit Account Holder, the Provider shall prove that the operation to which the dispute relates was not affected by a technical failure or other defect on the Provider’s side.
   3.6. In the case of charging the Evolio Kredit Account with payment cards, the Evolio Kredit Account Holder undertakes to comply with the terms and conditions of the payment card issuers and card associations.
   3.7. The Evolio Kredit Account Holder undertakes to provide true and undistorted information about himself/herself when communicating with the Provider. In the event of changes, the Customer is obliged to correct them in the Customer’s profile in Evoluio without undue delay.
4. Using your Evolio Kredit account
   4.1. Charging (crediting) your Evolio Kredit account
   4.1.1. The minimum amount to charge an Evolio Kredit account is CZK 50, the maximum amount of the Evolio Kredit account balance is not limited.
   4.1.2. The Evolio Kredit account can be recharged after logging in to Evolio by paying the amount by credit card, invoice, vouchers, credit notes or transfer from another Evolio Kredit account, or. other payment instruments if implemented in Evolia.
   4.1.3. Charges made to the Evolio Kredit account may be cancelled within fifteen (15) days if the amount has not already been drawn down.
   4.2. Payments from your Evolio Kredit account
   4.2.1. Payments from your Evolio Kredit account are made on a rolling basis as services are used.
   4.2.2. It is not possible to combine payment from the Evolio Kredit account with a top-up invoice.
   4.2.3. Drawdown of services and subsequent payment from the Evolio Kredit account is only possible if the amount of the Evolio Kredit account balance allows the payment of the requested drawdown.
5. Complaints about transactions
   5.1. Complaints about the functionality of the Evolio Kredit account or individual transactions can be made via the Intercom service in Evolio, by email to podpora@evolio.cz, or by email to. by phone at tel. 777 587 648. The submission should include the date and amount of the claimed transaction, the customer’s domain, the email address entered in the Evolio Credit Account Holder’s registration with Evolio, if applicable. telephone contact or other information specifying the reason for the complaint. Transaction complaints will be processed within 30 days.
6. Cancellation of the Evolio Kredit account, payment of the balance and termination of the contractual relationship
   6.1. Evolio Kredit account can be cancelled by the customer only after contacting technical support, the account is cancelled based on the customer’s request.
   6.2. If the current balance of the Evolio Kredit account is zero and 1 month has passed since the last transaction made by the customer, the account can be cancelled immediately.
   6.3. If the Evolio Kredit account balance is zero and less than 1 month has passed since the last transaction made by the customer, it is possible to cancel the account after this period.
   6.4. The non-zero balance upon cancellation of the Evolio Kredit account will be settled against the Holder as agreed between the Holder and the Provider.
   6.5. Settlement of the balance is subject to a fee of CZK 100 to cover the costs involved.
   6.6. The customer will be informed by e-mail about the settlement of the settlement request.
   6.7. Account cancellation will also occur after a period of 4 years from the last transaction made by the Holder, with the full amount of the balance being recharged to the Provider’s income.
   6.8. Data on the cancelled Evolio Kredit account is archived by the Provider for 5 years.

1. The data entered by the Customer into the Evolio IS database space (hereinafter referred to as “Data”) are located on the hosting provider’s server in encrypted form (in the Microsoft Azure data centre in the West Europe node – Amsterdam, the Netherlands). The Data is subject to the Customer’s confidentiality obligation within the meaning of Section 21 of Act No. 85/1996 Coll., on Advocacy, as amended. The Provider is bound by the confidentiality obligation to the same extent as the Customer. The Provider shall protect the Data from leakage, misuse or other interference and shall be liable for breach of the confidentiality obligation regardless of fault. Breach of the Provider’s confidentiality obligation entitles the Customer to a contractual penalty of CZK 1,000,000 for each individual breach. The Provider shall not be entitled to inspect the Data and become acquainted with its contents without the express written consent of the Customer. If the nature of the provision of the Services (in particular within the helpdesk) requires access to the Data, the Provider shall notify the Customer of this fact and if the Customer continues to request the provision of the Services, the Customer shall be deemed to have granted the Provider consent to access the Data.
2. The Provider declares that it performs daily backups of the Data seven (7) days in arrears in all versions of the Evolio licenses, followed by weekly backups for four (4) weeks and then monthly backups of the Data stored by the Customer when using the Evolio IS. Individual weekly backups are retained by the Provider for a period of four (4) weeks, and subsequent monthly backups are retained for a period of six (6) months from the creation of the backups. Data is backed up in encrypted form. Upon request, the Provider shall provide the Customer with a backup of the data as: 1. a copy of the database in the BACPAC package format; 2. a copy of the document files in a compressed ZIP file, in electronic form in the form of a download link. The Customer shall submit a request for data backup to the Provider’s Helpdesk in the form of a request sent to the e-mail address podpora@evolio.cz. The Customer shall be entitled to a free data backup once every six (6) calendar months; the provision of each additional data backup shall be charged by the Provider according to its Price List of Services as a DPS.

1. The Customer shall protect confidential information relating to Evolio IS.
2. Each Party to this Agreement shall protect confidential information concerning the business and affairs of the other Party or the subject matter of this Agreement or any matter related thereto of which the Party concerned is or may become aware, obtain or control and shall disclose such information only to its employees or persons in a similar capacity. If either Party becomes aware that any of its employees or persons in a similar capacity has in any way breached the confidentiality of information, it shall promptly notify the other Party and shall provide all reasonable assistance to the other Party in any proceedings or exercise of any right that the other Party may institute or exercise against such persons.
3. The limitations contained in this Article shall not apply to information: in the public domain; which has been lawfully made known through third parties; the disclosure of which is required by law, by a final decision or order of a competent court or by a request of an administrative or other competent authority or organisation.
4. The obligation of confidentiality set forth in this Article shall survive the termination of the obligation under the Contract, unless the parties agree otherwise upon termination of the obligation.
5. The Provider acknowledges that the data stored in IS Evolio by the Customer is protected by the attorney’s confidentiality obligation under Act No. 85/1996 Coll. (on advocacy), whereby the repositories within IS Evolio must be understood as the Customer’s advocacy premises within the meaning of Art. § 85b of the Act. num. 141/1961 Coll. (Criminal Procedure Code) and sec. § 255 of the Act. num. 280/2009 Coll. (Tax Code). The Provider undertakes to protect the Customer’s data in accordance with Act No. 85/1996 Coll. (on advocacy). In the event that a public authority requests access to the Customer’s data (information) stored on IS Evolio, the Provider undertakes, in accordance with the aforementioned provisions, to immediately inform the Customer of such fact and at the same time not to release the Customer’s data (information) to the relevant public authority until the conditions under Art. para. § 85b of the Act. num. 141/1961 Coll. (Criminal Procedure Code) and sec. § 255 of the Act. num. 280/2009 Coll. (Tax Code).

1. Protection of the Customer’s personal data – i.e. where the Provider acts as a controller of the Customer’s personal data, the Privacy Policy available at https://evolio.cz/zasady-ochrany-osobnich-udaju/ (hereinafter referred to as the “Privacy Policy”) shall govern.

1. Damage prevention. The Parties undertake to use their best endeavours to prevent and minimise damage.
2. Notification obligation. The Parties undertake to notify the other Party without undue delay of the occurrence of circumstances precluding liability preventing the proper performance of this Agreement. The Parties undertake to use their best endeavours to avert and overcome circumstances precluding liability.
3. Exclusions of liability. The Provider shall not be liable for damages that it did not cause, in particular for damages caused by a combination of external influences, computer infiltrations, other software, hardware and the use or non-use or inability to use the Software due to these influences. The Provider shall not be liable for damages resulting from or directly related to the improper use of the Software. Neither Party shall be liable for damages resulting from materially incorrect or otherwise erroneous assignments received from the other Party. Neither Party shall be liable for any delay caused by default in the performance of the other Party’s obligations. The Provider shall not be liable in particular for:

3.1. possible non-functionality, unavailability or poor availability of the Software due to a fact not caused by the Provider (e.g. errors in the availability of Internet connectivity, etc.);
3.2. possible leakage of information and data from the Evolio IS environment as a result of a fact not caused by the Provider (e.g. as a result of disclosure of access data by the Customer, etc.);
3.3. possible loss or damage of data due to a fact not caused by the Provider (unauthorized acquisition of data by a third party due to insufficient security protection in the Customer’s information system).

4. Scope of liability. The Provider shall not be liable for indirect consequences of such damage – such as lost profits, unrealized turnover, claims of third parties, for unintentional loss or damage to data and the resulting consequences, etc. Notwithstanding Section 2952 of the Civil Code, it is agreed that the Provider shall not be liable for lost profits, any costs incurred as a result of a breach of the Provider’s obligations, or any consequential loss or damage.
5. Limitation of the right to compensation. The Provider’s total liability to the Client under the Contract is limited to the amount of the total remuneration received by the Provider in the preceding twelve months before such claim arose. Damages are payable in money only.
6. Liability insurance. The Provider is insured against liability for damages under this Agreement.
7. Customer’s request. In the event of delay in payment of a sum of money, the Party in default shall be obliged to pay to the other Party default interest at the rate of 0.05% of the amount due for each day of delay. This does not affect or limit the Provider’s right to compensation for damages. Default interest under this Contract shall be payable within 14 (fourteen) days of delivery of the written statement to the obligated Party.
8. Force majeure. Neither Party shall be liable for breach of its obligations under the Contract or the GTC if they are prevented from performing them by force majeure. Force Majeure means any unforeseeable exceptional situation or event beyond the control of the Parties which prevents either of them from performing any of their obligations under the Terms and Conditions and/or the Contract, is not caused by error or negligence on their part and is proven to be impossible to overcome even with the exercise of all due diligence. The party in breach of its obligations cannot claim as force majeure defects or delays in securing them (unless caused by force majeure), labour disputes, strikes or financial difficulties.

1. The contract is concluded for an indefinite period of time. The contract can be terminated:

1.1. by written agreement of the Parties;
1.2. by withdrawing from the Contract in cases of material breach;
1.3. by notice of either Party with a notice period of 3 months, which shall commence on the date of delivery of the written notice.

2. Legal action pursuant to Art. 14 para. 1 OP directed to the termination of the Agreement must be made through a data mailbox or postal service provider.
3. The Provider is entitled to withdraw from the Contract for material breach of obligations, in particular:

3.1. for the Client’s default in payment of any obligation to the Provider or any part thereof for more than 30 days;
3.2. for exceeding the scope of the Licence granted by the Customer;
3.3. for failure of the Customer to provide the necessary assistance, if this prevents the fulfilment of the Provider’s obligations under the Contract or these OP even after a prior notice from the Provider in which the Provider has given the Customer a reasonable period of time to remedy the defective condition.

4. The Customer is entitled to withdraw from the Contract for material breach of obligations, in particular:

4.1. if the specified availability of the Evolio IS is not maintained even after prior notification by the Customer, in which the Customer has given the Provider a reasonable period of time to remedy the defective condition;
4.2. if the Provider violates its obligations in providing technical support in a serious manner, in particular if it is in delay with the response and resolution of the defect in a substantial manner, and the remedy is not made even after a prior warning from the Customer, in which the Customer provided the Provider with a reasonable period of time to correct the defective condition.

5. The notice of withdrawal shall be in writing, delivered to the other party and shall be effective on the date of its delivery, or as the case may be the later date specified in the written notice of withdrawal. The Provider is entitled to payment of a part of the price corresponding to the scope of partial performance under the Contract. The Parties are required to complete the Property Settlement within 30 days of the date of termination of this Agreement. The parties may agree otherwise regarding the property settlement.

1. Mutual communication and all legal actions between the Provider and the Customer will be carried out electronically via the e-mail address provided by the Customer in the registration account and published by the Provider on the website evolio.czunless the PO or the Contract expressly provides that the written legal act must be made by delivery via a data box or postal service provider.
2. In the event that the Contract or the OP stipulates the obligation to send a written legal act via a data box or a postal service operator, the document is delivered even if the addressee does not collect the document within 10 days from the date on which it was deposited with the postal service operator or, in the case of a data message, does not log in to the data box within 10 days.
3. If sent via a postal service provider, it is always sent to the address of the registered office in the commercial register.
4. Any rights and obligations between the Provider and the Customer shall not be derived from past or future practice established between the parties or customary practices generally or in the industry relating to the subject matter of the Contract.
5. Should any provision of these T&Cs be invalid in whole or in part, the validity of the remaining provisions of the T&Cs shall not be affected. In such a case, the mutual rights and obligations shall be governed by the relevant provisions of the Civil Code which most closely approximate the economic purpose of the invalid provision.
6. These OPs come into force and effect on 1. 3. 2024.

IS Evolio in Software as a service (SaaS) mode
(hereinafter referred to as the “Service Price List“)
companies
AVE Soft s. r. o.
ID No.: 25378392, with registered office at Dostálova 882/63, 713 00 Ostrava – Heřmanice
registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 16674
(hereinafter referred to as “Provider“)

All prices are exclusive of VAT.

VERSION OF IS EVOLIO LICENSES AND SERVICES ACCORDING TO THE CONTRACT:

IS Evolio version:

FREE max. 3 users max. 5 GB 20 claims max 100 files 0 Kč a month	SINGLE 1 user¹ 50 GB 50 claims 750 CZK per month	TEAM 3 users + 1 trainee 150 GB 200 claims 1 850 Kč per month
PLUS 5 users + 2 trainees 250 GB 1 000 claims² Automation 5/500 3 100 CZK per month	PREMIUM 10 users + 4 trainees 500 GB 10 000 claims Automation 20/1000 6 150 CZK per month	ELITE 20 users + 8 trainees 1 000 GB 20 000 claims³ Automation ∞/5 000 8 950 Kč per month

A detailed list of functionalities and their distribution between versions can be found at https://evolio.cz/srovnani-licenci/

¹ Option to buy 1 extra user for 450 CZK/month.

² Possibility to buy another 1000 claims for an additional 1000 CZK/month.

³ If you need to manage multiple claims in Evol, please request additional pricing at obchod@evolio.cz

 

ACCOMPANYING PAID SERVICES: