These General Business Terms and Conditions (hereinafter only the"Terms") govern the legal relations between the Provider and User of the Splandy web application and are an integral part of the Agreement concluded between the Provider and the User.
By using the Splandy web application you declare that you fully accept and agree with these Terms. If you use the Splandy web application within or on behalf of an organisation or under the name of the organisation, you accept these Terms on behalf of that organisation and declare that you are allowed to do so. If you do not agree with these Terms or any part thereof, do not use the Splandy web application.
The Provider (hereinafter also "us" or "we" and all other grammatical forms of this pronoun) refers to Splandy s.r.o., registered office Bělohorská 4441/147b, Židenice, 636 00 Brno, Company ID 09266232, registered in the Commercial Register maintained by the Regional Court in Brno under file number C 118148.
The service provided is a web application (or part thereof) called Splandy, which is used to create and manage websites (hereinafter only referred to as the "Service" or "Splandy Service").
The User (hereinafter also referred to as "you" and all other grammatical forms of this pronoun) refers to a natural or legal person who uses the Splandy Service in accordance with these Terms.
The Agreement on the provision of the Service (hereinafter only the Agreement”) refers to an agreement which defines the provision of the Service to the User, including the license to use the Service. These Terms are an integral part of the Agreement.
In order to use the Service you must register by completing and sending the registration form available on our www.splandy.com website. In doing so, you agree to provide us with accurate, complete and always up-to-date information.
If you register on behalf of a User, you declare that you have been authorised by the User to do so. Otherwise, you are responsible for any damage suffered by the Provider due to an unauthorised registration.
The Agreement is concluded when the Provider accepts the User's registration. The Agreement is concluded for an indefinite period, unless both parties agree otherwise.
In the event of a dispute regarding the ownership of the User's account, we reserve the right to decide the ownership of the User's account based on our discretion.
The creation of your website is free. Only premium extensions, which you can order and cancel at any time in the administration section of your website, are available for a fee. The relevant fees are listed in the Pricing page. The fee for the relevant extension is paid monthly, and it is payable until the extension is cancelled. All payments provided under these Terms are to be made by credit card through the Stripe payment gateway. Payment of the agreed fees in advance is a necessary requirement to use the Service. If the fee is not paid in time, we reserve the right to suspend access to your user account and/or to cancel the Service completely.
You may cancel the Splandy Service at any time through the Splandy web application.
Please be aware that certain parts of the Service carry different fees and cancellation of one part of the Service may not result in the cancellation of the entire Service.
Should you breach any obligation set forth in the Agreement or should you be late with any payment for the Splandy Service, we reserve the right to restrict the use of your account including the use of the Splandy Service and/or to withdraw from the Agreement. In the event of withdrawal you are not entitled to the entire refund, or any part of the fee that has already been paid for the use of the Service.
If you cancel your user account and/or the Splandy Service, certain content and data may be lost. Under no circumstances is the Provider liable for such loss. Please also note that the Provider may charge a fee for reactivation of your user account or Splandy Service. Such fee is solely at the Provider's discretion.
Splandy allows you to use and provide additional services available through the web application ("third-party services").
You can order third-party services separately through the Splandy web application. The provision and use of such services is governed by special terms and conditions that are agreed beyond the scope of these Terms.
You acknowledge and agree that the Provider only acts as an intermediary between you and the third-party services (provided by third parties) and assumes no responsibility for the services.
We, or the provider of the third-party services, may charge additional fees. The terms of purchase applicable to third-party services may be displayed in the Splandy web application during the purchase process. Unless otherwise stated, we do not offer a refund for purchasing third-party services.
All copyrighted works, materials, codes, interfaces, data and other content of the Splandy Service, which is the subject of intellectual property rights, and all items derived from or related to such work, are and will remain under any circumstance the exclusive property of the Provider.
Should you fully comply with the Terms and pay the applicable fees in a timely manner, we shall provide you with a non-exclusive and non-transferable licence to use the Splandy Service for the purpose of creating and managing your website. The Splandy Service is only available from the server specified by the Provider. The licence is time-limited and remains valid for the duration of the Agreement.
The Splandy Service collects and uses certain personal data. By using the Service you confirm that you have read and understood our personal data protection policy. The personal data protection policy is not part of the Agreement and may be modified from time to time.
We are responsible for the fact that the provided Service is without defects and meets the agreed parameters. If this is not the case, you can request free removal of the defect. Should a removal not be possible, you may withdraw from the Agreement.
Please inform us about the defect using the contact form available in the administration section under the Support option or by sending a message via e-mail to firstname.lastname@example.org. The defect will be professionally assessed and we shall inform you by e-mail about the results and possible solution of the complaint. The complaint will be addressed without undue delay and settled no later than within 30 days from the date of the complaint, unless agreed otherwise.
In the event of a complaint you are obliged to cooperate.
You agree that we are not liable for any direct or indirect damage or injury resulting from the use or from the inability to use the Splandy Service.
You acknowledge that there may be outages, temporary restrictions or unavailability of the Service, for which we bear no responsibility.
Further, we are not responsible for any user content or for any illegal actions of the User performed in connection with the use of the Splandy Service.
If a consumer dispute arises that cannot be resolved through a mutual agreement, you have the right to file for an out-of-court settlement. The entity dealing with out-of-court consumer disputes is the Czech Trade Inspection Authority (www.coi.cz).
Should any provision of these Terms be found illegal, invalid or unenforceable, it shall be replaced by a new provision that reflects our original intent as closely as possible. The remaining provisions shall remain in full force.
Terms and conditions may be modified from time to time and the new version will be published on our website. Should there be a significant change, we will notify you in a timely manner, for example, by sending an email message. The notice will specify a reasonable period after which the new Terms shall become valid and in force. By continuing to use the Service after the relevant change takes legal effect, you agree to observe the change applied to the Terms and to the Agreement. If you do not agree with the change, you must stop using the Splandy Service and cancel it.
The User shall specify their contact e-mail during the registration process or shall do so in the user account setting in the web application. You agree and undertake to make sure that the contact e-mail will always be current. Should you fail to notify us about a change in the email address, any messages will be regarded as properly delivered, providing that they were delivered to the last known email address.
The Agreement is subject to these Terms and to applicable legal regulations of the Czech Republic. Any disputes between parties fall under the exclusive jurisdiction of courts and authorities in the Czech Republic.
Last edited: 26 August 2020