These Terms of Service apply to website management contracts concluded between us, i.e., the provider, the company

Artevio s.r.o., ID No.: 042 33 271, with registered office at Cejl 29/76, 602 00 Brno, Czechia,
registered in the Commercial Register kept by the Regional Court in Brno, Czechia, under File No. C 88909
tel.: +420 731 115 117, e-mail: sidlo@artevio.com
website: https://wpcare.ai

and between

You, i.e., the subscriber of the website management and maintenance.

Artevio is the operator of the website https://www.wpcare.ai and the owner of the WPCare.ai brand, which offers website management services, also known as WordPress Care, WordPress Support, WordPress Maintenance, WordPress Management, Website Care, Website Support, Website Maintenance, E-commerce Care, E-commerce Support, E-commerce Maintenance, and E-commerce Management.

These TOS provisions are an integral part of the Contract. The TOS are drawn up in the Czech and English languages. The Czech version shall always prevail in a conflict between the language versions. We may unilaterally change or amend the wording of these TOS at any time, but this does not affect our and Your rights and obligations arising during the validity period of the previous version of the TOS.

First, we will define the terms you will encounter in these Terms of Service:

1.1 Artevio is our company Artevio s.r.o., registration number: 042 33 271;

1.2 VAT means Value-Added Tax under the Value Added Tax Act or any other law in force under applicable law;

1.3 Invoice means a tax document issued by the Value Added Tax Act for the Remuneration determined on a monthly or other interval basis;

1.4 Automated recurring payments are approved by the Customer and are regularly deducted from the Customer’s card or bank account via automated payment gateways such as Stripe, PayPal, and others;

1.5 Our website is https://wpcare.ai;

1.6 General Regulation means Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation;

1.7 Order means an order placed by You, which is further described in these Terms of Service in clause 3;

1.8 Remuneration means our remuneration for the management and maintenance of the Website, i.e., for the fulfillment of the Contract according to the Terms of Service;

1.9 Plugin is a software that does not work independently but is an additional module of WordPress that extends the functionality of WordPress;

1.10 Contract with a capital C is a contract for the management and maintenance of a Website;

1.11 Start of service provision is the date from which, for the purposes of this Agreement, the contract start date is considered for calculating the duration of the Agreement. If this date is not specified in the order, it is assumed that the Start of Service Provision is the date the order is signed by the Customer;

1.12 Consumer is a person under Section 419 of the Czech Civil Code with Czech nationality, i.e., any Czech person who, outside the scope of his or her entrepreneurial activity or outside the scope of the independent exercise of his or her profession, enters into a contract with an entrepreneur or otherwise deals with him or her;

1.13 Package is one of the pricing plans listed on Our website or in the offers sent to the Customer;

1.14 User account is a user account on the Website with full administrator rights, as well as a user account to manage the relevant Website domains, and user account for Google Analytics, Google Tag Manager, and Google Search Console;

1.15 TOS means the current terms and conditions, i.e., this or any future updated document;

1.16 Customer with a capital C is You;

1.17 Website with a capital W is Your website created on the WordPress platform that we manage for you;

1.18 WordPress is the free, open-source content management system on which the Website is built;

1.19 Ticket with capital T is a request for change on the Website;

1.20 Task with capital T is a Ticket that takes us less than 30 minutes to implement or resolve;

1.21 Active ticket is a Ticket that You have created in our support system for Your Website and has the status Active;

1.22 Hour is a regular hour (60 minutes), used for resolving Tickets;

1.23 Maximum monthly time is time in Hours allocated to your Website for implementing  and resolving Tickets every month;

1.24 Total monthly spent time is the sum of Hours used to implement or resolve Active tickets within a month;

1.25 Tracking code is a snippet of JavaScript code that tracks a Website user’s activity by collecting data and sending it to the analytics module;

1.26 Ticket system is our support system where Tickets are processed and reported. It is available at https://care.wpcare.ai. You can also submit a Ticket by sending an e-mail to care@wpcare.ai;

1.27 Partner is a company listed in the https://wpcare.ai/partners section;

1.28 Authorized Partner is a company listed on our website in the https://wpcare.ai/partners section with the Diamond designation;

1.29 Diamond designationindicates that the Partner can perform migrations and launch the Customer’s Website on the WPCare.ai solution.

2.1 By the Contract, we, Artevio, commit to managing and maintaining the Website for You. However, in order for us to do this and, more importantly, in order for us to do it properly, we need You to always cooperate with us and comply with Your obligations as set out in both the Order and these TOS.

3.1 The Contract with us can be concluded in the manner described below in the TOS or by concluding the Contract itself, which will contain these TOS as an annex.

3.2 The process of concluding the Contract consists of an Order, which You send to us at get@wpcare.ai or to another of our e-mail addresses or by filling in the Order form on Our website. By submitting an Order, You agree to these TOS.

The Order must contain the following details:

3.2.1 identification of you as a Customer, i.e., all Your identification data similarly as we do in the header of these TOS,

3.2.2 the name of the Package You are interested in.

3.3 We will process Your Order as soon as possible and confirm it with a message sent to Your e-mail address specified in the Order. At the same time, we will send You a summary of the Order and these TOS.

3.4 Upon our confirmation of the Order, we enter into a Contract governed by the terms and conditions agreed in the Order and these TOS. If there is a conflict between the Order and these TOS, the Order we confirm shall always prevail.

3.5 If we have a discount or benefit on Our website when You place an Order, we will apply this benefit to Your Order.

3.6 Unless otherwise specified in the confirmed Order, the Contract is concluded for a period of 1 year, with automatic renewal for another 1 year, unless the Customer or Artevio terminates it under the terms and conditions set out below in these TOS.

3.7 Should it happen that, for any reason, we are unable or simply unwilling to confirm the Order You have sent us, we will send You either a rejection of the Order or a revised Order. For such an Order to become a validly concluded Contract, You must confirm the amended Order. Suppose You do not confirm such a modified Order within five working days, we shall be entitled to refuse such confirmation upon Your subsequent confirmation, and the Contract shall not be concluded.

3.8 We and You are entitled to substitute the signature of persons authorized to act for us by printed or mechanical means such as scan, stamp, and more, including the signing of the Order by either of us or confirmation of the Order by us, including any amendments.

3.9 Any legal action You or we take via e-mail communication will be deemed in writing.

3.10 You are not entitled to modify or amend the terms and conditions and TOS in any way. If You deliver to us terms and conditions or TOS that contain additions, qualifications, limitations, or any other changes, this will be deemed a rejection of the proposal, and the Contract will not be concluded.

3.11 If You are a Consumer, the Contract is a consumer contract, and You are entitled to special protection under the Czech Civil Code, the Consumer Protection Act, and other legislation.

3.12 If the Contract is concluded outside our business premises or using means of distance communication, the Consumer has the right to withdraw from it within 14 days of its conclusion without giving any reason. A written notice of withdrawal must be sent to us at our address above. By withdrawing from the Contract, it shall be canceled from the outset and regarded as if it had not been concluded. In case of a valid withdrawal, we will terminate our activities under the Contract.

3.13 However, the Consumer does not have the right to withdraw from the contract if the Consumer has asked us to provide the services earlier, i.e., before the expiry of the withdrawal period. Service means, for example, any service within the specified Package. Therefore, if the Consumer withdraws from the contract, we are entitled to the Remuneration for services already provided.

3.14 You, with this, acknowledge that to ensure the functionality of our services and your measurements, you need to provide us with a User Account, and we must have access to it for the duration of the Agreement.

3.14.1 Share access to measurement services:

(a) Google Analytics
(b) Google Search Console
(c) Google Tag Manager

Share access to the e-mail address: artevioint@gmail.com

Access to Google Analytics and Google Tag Manager is recommended but optional. This access allows us to verify that all measurement services are correctly connected and functional. Suppose measurement services need to be set up, or we find room for improvement. In that case, we can send you an offer for their establishment and configuration upon request.

Access to Google Search Console is essential for adequately configuring the website for search optimization.

3.14.2 Share access to the technical infrastructure of the website:

(a) Domain management or DNS settings
(b) Existing hosting services
(c) Website administration
(d) E-mail service administration; alternatively, you can provide an e-mail address and SMTP settings for sending e-mail communications from the website

We recommend sharing access securely via the platform https://scs.artevio.net.

This access is necessary for us to properly provide our services.

The User Accounts mentioned above must have full administrative rights. Access to the User Accounts discussed above, and the highest authorization level is necessary for us to provide any services or guarantees. Therefore, any delay or failure cannot be attributed to us. Instead, it will constitute a delay and failure on your part.

3.15 You, with this, acknowledge that we are entitled to add our Tracking code to Your Website.

3.16 You, with this, acknowledge that we have the right to suspend the provision of the services under the Contract at any time without giving any reason, but in particular for:

3.16.1 security,

3.16.2 suspected violation of the law, the Contract, or the TOS,

3.16.3 claims due from the Customer.

You may wonder how this whole thing works. We’ll explain it briefly but entirely below.

4.1 You will send us a binding Order detailing Your requirements. If the Order is correct and we have sufficient capacity to fulfill it, we will confirm the Order with You.

4.2 On the set date, we will start providing You with our website management and maintenance services according to Your chosen Package. We will transfer the Website to our web hosting, update plugins and themes, and make Website backups.

4.3 Unless we mutually agree otherwise, we have 5 business days to begin providing you with our services according to these TOS. To eliminate any doubts, we clarify that this is not the period within which we will launch the Website but the period within which we will start providing our services. This applies even if the Start of service provision is specified in the Order.

4.4 We or our Authorized Partners exclusively migrate to or launch the Website on our platform. For us or our Authorized Partner to carry this out, we will require at least a basic level of cooperation and assistance from you, which primarily includes providing all necessary information for transferring the Website to our web hosting and granting access to the User Accounts.

4.5 Unfortunately, we cannot fulfill the Contract without complying with the above procedure, so it is Your responsibility to comply with the above and the other TOS clauses.

4.6 Then You can get on with your business or other activities because we will take care of the Website for You.

5.1 We are entitled to Remuneration for managing and maintaining Your Website. The Remuneration is determined according to the Package You choose.

5.2 All Remuneration listed on Our Website is exclusive of VAT. As we are VAT payers, it is necessary to take into account that we also add VAT to the stated amount.

5.3 We will always invoice the Remuneration via a proforma invoice. Payment of this proforma invoice can be made through automated payment systems, subject to the Customer’s approval of these Automated recurring payments. Upon payment, you will receive an Invoice that meets all the requirements of a tax document under the EU legal regulations.

5.4 We will always issue a proforma invoice as follows:

5.4.1 in the case of annual payments, before the start of service provision under the Contract, and subsequently always 30 days before the last day of the Contract period during which we will provide services under the Contract. We are only obliged to provide services once payment is received, and this does not constitute a delay on our part,

5.4.2 in the case of monthly payments, always 14 days before the last day of each calendar month preceding the month in which we will provide services under the Contract. We are only obliged to provide services once payment is received, and this does not constitute a delay on our part,

5.4.3 in the case of a task Remuneration for a service that is not part of the relevant Package, before starting work on the task in question, we will only begin to work on the task in question once we have received the full payment.

5.5 Each proforma is due within 10 calendar days from its issue date.

5.6 Each proforma and the Invoice will be delivered to you at the e-mail address specified in the confirmed Order.

5.7 Our remuneration will not be proportionally reduced if we do not provide you with our services under the Contract for an entire calendar month or calendar year.

5.8 In the case that we issue a proforma invoice more than 14 days before the scheduled service provision date under the Contract or these TOS, or if it does not meet the statutory requirements (particularly the Accounting Act), or if it contains incorrect or incomplete information, you have the right to return the proforma before its due date without payment. In such cases, we must issue a new proforma with a new due date. You will not be considered in arrears with the proforma payment until the expiration of the new due date.

5.9 Upon payment of the proforma, a proper Invoice will be issued to you, containing all statutory requirements per applicable accounting regulations. Suppose the Invoice fails to meet the criteria set by the relevant legal standards, particularly the Accounting Act, or contains incorrect or incomplete information. In that case, you have the right to return it. After returning the incorrect Invoice, we must issue a new one with the correct information.

6.1 Rest assured, if You have any Plugins installed on the Website, we will proactively ensure they are updated as part of our services, keeping Your Website secure.

6.2 However, it is essential to keep in mind that we do not create the Plugins, and it may happen that after updating WordPress itself, some Plugins will no longer be compatible with the new version of WordPress, pose a security risk, or slow down the Website. If this is the case, we will notify You immediately after we find out. We will then offer You solutions that are usually no longer part of the Package, such as modifying the Plugin from our side for a predetermined amount.

6.3 Please also note that all costs associated with Plugins, such as purchasing or paying for a license, are Your responsibility. Therefore, if, for example, You stop paying the fees related to the Plugin, we cannot guarantee that the Website will have the same functionality as when we took it over.

6.4 However, we own the licenses for some Plugins, so you do not have to pay the regular fees for those Plugins that we own. We will always clarify this in advance to prevent misunderstandings and maintain your Website’s functionality.

6.5 Artevio installs non-public plugins on the Website that are intended to support its management, operation, and monitoring. These plugins are proprietary, and their content and functionality are protected to safeguard trade secrets and ensure the Website’s and other Customers’ security.

6.6 The Customer acknowledges and agrees that, for the duration of the Contract, they are obliged to refrain from creating any backups of the Website or its parts, including the non-public plugins installed by Artevio. This prohibition applies both to self-managed backups and to backups made by third parties granted access to the Website by Customer unless Artevio has a Diamond designation collaboration agreement with them.

7.1 As part of our services under the Contract and these TOS, we also provide You with web hosting because we need to use our optimized web hosting tailored to WordPress to provide our services in the highest quality. It is also essential to remember that web hosting does not serve as a backup or storage space but only for the operation of the Website. Should You store files on the web hosting that we deem risky or simply unnecessary, we are entitled to delete them.

7.2 Although we strive for maximum reliability, there may be interruptions in our web hosting services. This area is governed by an SLA available for certain Packages, accessible at https://wpcare.ai/sla. However, suppose SLA is not part of your Package. In that case, you acknowledge that you are not entitled to any form of compensation from us, including any potential damage compensation. You acknowledge that you are also not entitled to damage compensation even if SLA is part of your Package.

7.3 At the same time, due to the nature of web hosting services, we cannot be held liable for data loss, especially as we have no way of assessing what data has been lost, and to what extent. However, we would like to add in the same breath that we regularly back up the Website and do everything possible to prevent any data loss. For example, we have all disk arrays in RAID 10, i.e., duplicated, and we back up in accordance with the Package, but to at least 1 location.

7.4 We recognize that clean source code, free from viruses and malware, is essential for the Website’s proper functioning and trustworthiness. To guarantee this, Artevio does not provide access to the source code via FTP, FTPS, SFTP, or any other means, nor access to the database as part of the web hosting services. This approach enhances the security level of the Customer’s Website.

7.5 Just as we do not provide FTP access, we also do not grant the Customer top-level administrative privileges or the ability to install plugins or themes to ensure maximum Website security. These measures are implemented to protect the Website from potential security breaches and to prevent security gaps that hackers could exploit. In cases where an Order is agreed upon that overrides this point, and the Customer receives exceptional access with top-level privileges, the Customer acknowledges and agrees that Artevio assumes no responsibility for any disruption or damage to the Website’s functionality. In such cases, all repairs and restoration of the Website to a flawless state will be charged at the hourly rate specified in the Order.

8.1 Each Package specifies the number of Active Tickets the Customer can create for the Website per month.

8.2 Depending on the Website’s Package selected, the Package includes either Tasks, Hours, or both Tasks and Hours, providing the Customer with an overview of Website modification options.

8.3 Both Tasks and Hours used by the Customer for the Website within a month sum up to the Total Monthly Consumed Time.

8.4 Each Package includes a Maximum Monthly Time that the Customer can utilize for the Website each month. This Maximum Monthly Time for a Tariff is defined as the sum of Tasks — precisely 30 minutes per Task or as the maximum number of Hours. Suppose the Tariff specifies a number of Hours. In that case, it defines the Maximum Monthly Time the Customer can use for Tickets, Tasks, and Hours for the Website. Consuming more time than the Maximum Monthly Time for any Package is impossible.

8.5 If the Customer requires more time than the Maximum Monthly Time for the Website in a month, an offer will be sent for the remaining Hours or Tasks.

8.6 Time allocated for Tasks and Hours is reserved for each Website every month. Unused Tasks and Hours expire and do not carry over to the following month.

8.7 At our discretion, we may offer you the option of pre-consuming Hours. Suppose pre-consuming Hours for your Website are offered. In that case, your Maximum Monthly Time will equal the agreed Maximum Monthly Time as per the e-mail communication for the period specified in that e-mail communication. The contract cannot be terminated until this pre-consumed number of Hours is balanced.

8.8 A Ticket or Task can only be processed if sent to the e-mail care@wpcare.ai.

9.1 We recognize the value of your domain, which is not merely a label but a significant asset representing your business’s essence.

9.2 If the Customer shares a domain User Account or multiple domain User Accounts with Artevio and Artevio has not agreed otherwise with the Customer in advance, Artevio guarantees that it will not knowingly misuse such a domain or domain User Account to:

9.2.1 take ownership of the domain by Artevio;

9.2.2 prevent access to the Domain User Account.

Should any of the above occur, and if Artevio is unwilling to return the domain or domain User Account to the Customer, the Customer is entitled to request a penalty of up to 5000 USD cumulatively upon proving such misconduct.

10.1 If it occurs that You breach the Contract or the TOS, we are entitled to:

10.1.1 suspend or restrict the provision of services to You under the Contract until the breach is remedied and/or the consequences arising from such breach are remedied;

10.1.2 withdraw from the Contract.

10.2 It is also a breach if You restrict or disable a User Account or other user account we use on the Website;

10.3 It is also a breach if the Customer breaches the provisions of these TOS by creating a backup of the Website, including non-public plugins, or otherwise unlawfully gains access to proprietary plugins and licensed components of the Website, whose licenses are managed by Artevio. For each such violation, Artevio is entitled to impose a contractual penalty of 5000 USD on the Customer;

10.4 If You are delayed in paying any amount under the Contract, we shall be entitled to charge You a contractual penalty of 0.1% for each day of delay, even for each commenced day of delay in payment.

11.1 You acknowledge that Your collaboration is a crucial part of our process. Your active involvement is necessary for us to provide the services under the Contract and the TOS.

11.2 You are obliged to respond to any inquiry or request for assistance from us within 3 working days. We are only delayed with Contract fulfillment once we have received a response. Failure to respond on time will also extend our response time by up to 5 working days.

11.3 If You do not collaborate with us, we may suspend or terminate providing services under the Contract and the TOS.

12.1 All information provided for the purpose of the Contract that is not publicly known is strictly confidential. You and we may, therefore, use this information exclusively to fulfill the Contract or in connection with the exercise of rights under the Contract. This exclusivity ensures that we and You will protect the information in question, particularly against unauthorized disclosure to third parties, providing a sense of security and respect for the information shared.

12.2 Neither we nor You shall be entitled to use confidential information concerning the other party of which we have been made aware in conclusion or fulfilling the Contract to the detriment of the other party’s interests for ourselves or third parties.

12.3 Both You and we are obliged to create and maintain conditions for protecting confidential information, thereby ensuring its protection.

12.4 We and You are entitled to use confidential information solely and exclusively for the purposes of our collaboration under the Contract.

12.5 Confidential information disclosed to the other party in material form (written, electronic, and more), including copies that will be provided to the other party under this Contract, shall be returned to the other party or destroyed as soon as the collaboration in connection with the fulfillment of the Contract is terminated or as soon as the party that disclosed the confidential information request it.

13.1 The General Regulation regulates the protection of the personal data of the Customer, who is a natural person (or a contact natural person of a legal person).

13.2 If the Customer is a natural person (or a contact natural person of a legal entity), we act as a personal data controller. Our identification and contact details are set out in these TOS.

13.3 We process personal data about You in the form of your first and last name, or the first and last name of the person representing You, delivery or, where applicable, billing address, e-mail contact, telephone contact, username, and password.

13.4 The provided personal data, including first and last name, delivery or billing address, e-mail contact, telephone contact, username, and password, are processed on the legal basis of contract conclusion and performance to fulfill the Contract, related communication during performance, and based on legitimate interest, to send informational and marketing communications and maintain our Customer database.

13.5 If You log in to our Ticket system, we process your IP address from where the request originates, browser version and type, time, URL from which the request originated, website URL, first and last name, username, password, e-mail contact, and telephone contact for your security and to verify the legitimacy of the request. This verifies that the request was submitted by an authorized user.

13.6 If You communicate with us via the Chat system or use our Chatbot, we process the same personal data specified in point 13.5 for the same purpose.

13.7 We are entitled to transfer processed personal data to third parties, including to third countries. The categories of recipients to whom we are entitled to transfer personal data are the processors we use to fulfill the purpose defined above. However, to complete this, we would like to add that our web hosting servers are in Europe. However, in the future, we may transfer some of the personal data we process to third countries.

13.8 We will process the provided personal data indefinitely until the purposes for which we process them pass.

13.9 The personal data provided are processed in electronic form by automated means and in physical form by manual means.

13.10 We, with this, inform You of Your rights arising from the processing of Your personal data, namely that You have the following rights:

13.10.1 The right to access the personal data we process about You;

13.10.2 The right to rectification of personal data;

13.10.3 The right to the erasure of personal data;

13.10.4 The right to limit the processing of personal data;

13.10.5 The right to object to the processing of personal data;

13.10.6 The right to portability of personal data;

13.10.7 The right to submit a complaint about the processing of personal data to the competent supervisory authority.

13.11 As the provider of website management services, Artevio manages and maintains its Customers’ Websites, which includes access to their Websites and databases where data about customers and Website visitors may be stored. In this context, Artevio acts as a data processor, while the client remains the data controller and is responsible for the management and legal processing of personal data. As part of providing website management services, Artevio implements appropriate technical and organizational measures to protect the data stored in Customers’ databases and Websites. These measures minimize the risk of unauthorized access, data loss, or cyberattacks. All data is hosted on servers located in the European Union or in a country specified by the Customer’s legislation, ensuring a high standard of personal data protection. If the Customer’s legislation specifies a country outside the European Union, this country must be specified in the Order. Suppose no country is defined in the Order. In that case, it is assumed that hosting on servers in the European Union is sufficient.

13.12 In providing website management services, Artevio commits to:

13.12.1 Process personal data obtained under this Contract solely for purposes and to the extent necessary to perform activities under the Contract and based on the Customer’s instructions.

13.12.2 Upon the Customer’s request, demonstrate that all obligations under the Contract and legal regulations on personal data protection are complied with during data processing.

13.12.3 Maintain appropriate technical and organizational means to secure and protect personal data managed under the website management service. These measures ensure that personal data is not accessible to an unlimited number of individuals without human intervention and that the risk of destruction, loss, unauthorized transfer, processing, or misuse of personal data is minimized.

13.12.4 Provide prompt assistance upon the Customer’s request in exercising data subjects’ rights.

13.12.5 Inform the Customer without delay if the supervisory authority initiates an investigation concerning personal data processing within the website management service against Artevio.

13.12.6 In case of a security incident related to personal data obtained under the website management service, promptly inform the Customer with details, including a description of the nature, consequences, and measures to address the incident.

13.12.7 Transfer personal data to third countries or international organizations based on the Customer’s explicit consent. The only exception is encrypted backups, which Artevio may store worldwide in encrypted form to maintain data redundancy.

14.1 We are entitled to change the TOS, the Remuneration, and other related documents at any time under the conditions in the relevant legislation. We will notify You of any change to the TOS at least one month before the date on which the change takes effect by e-mail and via Our website. You are entitled to reject the change and terminate the Contract immediately by the effective date of the change to the TOS, the Remuneration, or other related documents. If You do not reject the change by the date set out above, You are deemed to have accepted the change. We will draw Your attention to this consequence in the notice of change to the TOS, the Remuneration, and other related documents.

14.2 We will only change the TOS, Remuneration, and other related documents in justified cases and to the extent necessary.

14.3 However, You also acknowledge and agree that changes to the TOS, the Remuneration, and other related documents made for Your benefit may be made by us immediately, regardless of the procedure set out in the preceding paragraphs.

15.1 In addition to the methods set out above in these TOS, the Contract shall terminate by agreement between us and You by written notice or withdrawal.

15.2 As the Contract is concluded for a period of 1 year with automatic renewal, it can be terminated by written notice from You and us, delivered to the other party at least 1 calendar month before the Contract’s termination date. The Contract will then terminate on the last day of the period for which the Contract was agreed. If no notice is received by either party at least 1 month before the Contract’s termination date, the Contract will automatically extend for an additional 1 year, including repeatedly. We have opted for self-prolongation so that we do not have to burden You with entering into new contracts each year of our mutual collaboration. We want to use Your precious time effectively. On the contrary, we want these TOS to always apply during our collaboration.

15.3 If the Contract is terminated, we will prepare a backup of the Website for You on the last day of the Contract. We will then upload this backup to our server and send You a link to it via contact e-mail. You will then have 5 calendar days to retrieve and download the backup. We delete the backup after 5 calendar days from the date we sent the e-mail with the link to it.

16.1 Our mutual rights regarding rights arising from defective fulfillment are governed by the relevant generally binding legal provisions, particularly Sections 1914 to 1925 and 2099 to 2112 of the Czech Civil Code.

16.2 We shall be liable to the Customer that the fulfillment under the Contract is free from flaws. The Customer shall notify us of flaws and exercise the rights arising from defective fulfillment without undue delay after discovering the flaw. If the flaw is a significant breach of Contract, the Customer shall have the right to have the flaw remedied by supplying a new service without flaw or by providing the missing service or to have the flaw remedied by repair or to receive a reasonable price reduction, or to withdraw from the Contract. The Customer shall always inform us of the right he has chosen when notifying us of the flaw or without undue delay after notification. If the defect is a minor breach of Contract, the Customer shall be entitled to have the flaw rectified or to a reasonable price reduction.

16.3 We will e-mail You to inform You about the resolution of the complaint.

16.4 If You are an entrepreneur, You are responsible for notifying us of the flaw as soon as You become aware of it, but at the latest, within 3 working days from the service’s provision date.

16.5 If your Package’s specification includes SLA parameters, the SLA listed on https://wpcare.ai/sla applies to you. Package specifications are available at [XXXXX].

17.1 The Customer can communicate any complaints to us following the procedure mentioned above.

17.2 We reserve the right to refrain from responding to complaints from third parties who have not concluded a Contract with us.

17.3 If the Customer is not satisfied with the resolution of the complaint or claim by us or does not want to communicate with us at all, they are entitled to address their complaints to the competent supervisory authority, which is the Czech Trade Inspection Authority (CTIA): https://www.coi.cz/. The Customer can find instructions on how to file a complaint on this website, which can also be filed electronically via the CTIA’s e-Mailroom at the following address: https://www.coi.cz/cz/e-podatelna/.

17.4 In the event of a dispute between the Customer, who is a Consumer, and us arising from the Contract, this Customer is entitled to submit a proposal for out-of-court dispute resolution to the Czech Trade Inspection Authority to achieve an agreement with us, using the contact available on the website: https://adr.coi.cz/csa. Submitting the proposal and participating in the out-of-court dispute resolution are free of charge to the Customer. In contrast, any costs incurred in connection with the out-of-court dispute resolution will borne by each party separately. The Customer’s choice of out-of-court dispute resolution is voluntary.

17.5 Out-of-court dispute resolution is governed by Section 20d et seq. of the Consumer Protection Act. The application for initiation of out-of-court proceedings must contain the elements under Section 20n of the Consumer Protection Act. The Customer can apply out-of-court dispute resolution within 1 year from the date the Customer first filed a claim with us that is the subject of the dispute (e.g., from the time of the first service complaint).

17.6 Customers domiciled in another EU Member State, Norway, or Iceland are entitled to bring an out-of-court dispute with us through the European Consumer Centre in their country of residence.

18.1 We and You are obliged to conduct all mutual dealings in writing, except where the Contract or the TOS allow communication by electronic means.

18.2 The letter shall be deemed delivered when it is dropped in the mailbox, received personally by the addressee, or the postal service provider’s period expires.

18.3 Your delivery address is listed on the Order, and our delivery address is set out in our contact details in these TOS.

19.1 If the TOS or any related document requires us to publish notices, other communications, or papers, we will publish them on Our website unless otherwise expressly stated in the Contract.

19.2 If any clause of the Contract or these TOS is rendered invalid, ineffective, or unenforceable in any respect under applicable law, the validity, effectiveness, enforceability, or legal sufficiency of the remaining provisions shall not be affected or impaired thereby. In such case, we and You agree to replace such invalid, ineffective, or unenforceable clause without undue delay with a valid, effective, and enforceable clause that most closely matches the meaning and intent of the original clause.

19.3 If the relationship established by the Contract or these TOS contains an international element, the parties agree that the relationship is governed by Czech law.

19.4 The parties agree that the venue for any disputes arising out of or in connection with the Contract or these TOS shall be the general court of our place of business.

19.5 These TOS are available on Our website at https://wpcare.ai/tos. The customer can print them or save them in electronic form. As stated above, we are entitled to change these TOS unilaterally.

19.6 These TOS are valid and effective as of 2024-01-01. The current TOS are always available on Our website at https://wpcare.ai/tos.