The agreement was published: 02.12.2022
Current edition: 02.12.2022
Cloudfresh is the international Google Premier Partner, Zendesk Premier Partner , Asana Solutions Partner and GitLab Open Channel Partner . Since 2017, the company specializes in implementation, migration, administration, and training for cloud solutions. Cloudfresh treats its Clients’ requests with due responsibility and guarantees a professional approach at every stage of work, regardless of the scale of the Client’s business.
1. Definitions and Terms
1.2. “Platform” – website, https://cloudfresh.com/, its content and links to this website.
1.3. “Representative” – an employee of the Company, an authorized person communicating with the Client on behalf of the Company.
1.4. “Client” – a person who filled out the appropriate form on the Platform and/or purchased a Product, Packaged Product or ordered a Service and paid for it.
1.5. “Service” – services provided by the Company. You can view the list of Services provided by the Company in the “Services” section by selecting the required Product.
1.6. “Service Package” – tariff plans of the Service, which are best suited for a successful start of using the Product.
1.7. “Product” is a software product containing separate services, which can be viewed through the Platform in the “Products” section.
1.8. “Package Products” – software products and hardware placed in the “Cloud Store” section, which can be purchased through the Platform.
1.9. “Events” – events and webinars offered for attendance on the Platform.
1.10. “Visitor” – a person who filled out the appropriate registration form for attending the Event.
1.11. “Speaker” – a person who has an appropriate level of knowledge and awareness in a certain field of activity and wishes to share such knowledge with Visitors at the Event.
1.12. “Acceptance” – the provision by the Client or Visitor of full and unconditional consent to conclude this agreement in its entirety, without signing a written copy of the agreement by the parties.
Aforementioned terms and definitions may be used either in the singular and in the plural, depending on the context of the relevant provision in this agreement.
2.3. The Company undertakes to provide Services and/or access to the Product on the terms and in the manner specified by this agreement, based on the Order placed by the User through the Platform, and the User undertakes to pay for the Service and /or access to the Product and consume them in full.
2.4. The Company guarantees and undertakes to provide Services and/or access to the Product to all Clients after payment in accordance with the selected Service Package / Product (its service).
2.5. The conclusion of this agreement is carried out by the unconditional acceptance of this agreement by the Client or Visitor without any exceptions, changes or reservations, i.e. by means of the Acceptance by the Client or Visitor of the terms of this agreement, after payment for the Service and/or access to the Product (its service), or after filling out the appropriate registration form for the Event (for Visitors). The conclusion of this agreement with the Speaker is carried out by the Speaker’s unconditional accession to this agreement, that is, by means of the Speaker’s acceptance of the terms of this agreement, by accepting the Speaker’s participation in the Event. Further objection by the Client, Visitor or Speaker to giving their consent in this way relieves the Company from any kind of responsibility for non-fulfilment of the terms of this agreement.
2.6. This agreement is concluded at the Company’s location.
2.7. The place of provision of Services and/or access to the Product is online (remote), at the Internet address https://cloudfresh.com and subdomains.
3. The procedure for obtaining access to Services / Products
3.1. In order to receive the Service or access to the Product (its specific service), the Client must fill out the appropriate form on the Platform and provide the necessary data in it. After filling out the appropriate form, the Representative reaches out to the Client using the data specified in the form to provide additional information regarding the Service and/or Product.
3.2. Through direct online communication, the Company Representative and the Client determine exactly which Service and/or Product the Client needs.
3.3. If the Representative and the Client agree that the Client needs the Service, the Representative provides the Client with an appropriate invoice for its payment in accordance with Clause 5 of this agreement.
3.4. If the Representative and the Customer agree that the Customer requires a Product that is not a Packaged Product from Cloud Store, the Customer is granted access to the selected Product for a trial period of use in accordance with Clause 4 of this agreement.
3.5. Should the Representative and the Client agree that the Client needs a Packaged Product, the Client shall pay for such a Packaged Product in accordance with the procedure specified in Clause 5.2 of this agreement.
3.6. The Company starts providing the Service selected by the Client after receiving payment from the Client in accordance with Clause 5.1 of this agreement.
3.7. The Client undertakes to provide reliable, complete, and accurate information when filling out the relevant form. The Company is not responsible for the accuracy and reliability of the information provided by the Client when the Client fills out the relevant form.
4. Test period
4.1. Certain Products that are not Packaged Products form Cloud Store, may have a free trial period. The number of days of the free trial period of using the Product is specified on the Platform after selecting a specific Product and its separate service. At the same time, a free trial period of use in relation to some Products may be provided and is subject to communication between the Representative and the Client.
4.2. Notification of the termination of the free trial period is provided to the Client directly within the Product used by the Client.
5. Cost and procedure of calculations
5.1. The cost of Service Packages is indicated on the Platform . If the cost of the relevant Service Package is not indicated on the Platform, the cost of such Service is agreed upon by the Representative personally with the Client, considering it needs. Upon mutual confirmation of the relevant Service Package by the Client and the Representative, the latter invoices the Client which is due.
5.2. If the Client chooses a Packaged Product, the Client pays for such a Packaged Product using one of the methods offered by the Platform. Online payment on the Platform is made using the Revolut payment service. By paying for the Packaged Product, the Client agrees to the Payment and Delivery Terms .
5.3. After the Customer has completed the free trial period of the Product selected by him, payment for such Product is made in accordance with the policy and tariffs of the selected Product.
5.4. The Company has the right to change the price of Service Packages at any time by publishing new prices on the Platform in the appropriate section. The Company will inform the Clients about the change in the cost of Service Packages.
5.5. The cost of the Service, Product or Packaged Product does not include any bank fees and commissions of payment systems and is paid by the Client himself. The Client acknowledges that any additional commission may be debited from his bank account when making a payment.
5.6. The Service or Packaged Product are paid when due amount has been deposited into the Company’s account.
6. Procedure for receiving the Services
6.1. After the Client pays for the Service, the Company commences providing the Services and approaches the Client individually.
6.2. The Client receives the Service in the amount set by the selected and paid Service Package. The Client can figure out any question related to the process of paying for and receiving the Service by reaching out to the Company using the contact details specified in section 16 of these Rules or via online chat on the Platform.
7. Procedure for conducting the Events
7.1. Access to events and webinars
7.1.1. The Company offers the opportunity to participate in Events to any Visitor or the opportunity to view past Events online to any individual who visited the Platform.
7.1.2. The list of upcoming and past Events can be found in the ” Webinars and Events” section.
7.1.3. Events can be held both online and offline.
7.1.4. To participate in the future Event, a person must go through the registration procedure by filling out the appropriate form on the Platform or on another Company resource, specifying all the necessary data. The specified data will be used and processed in accordance with the Company’s Data Collection and Processing Policy .
7.1.5. Before starting the registration procedure, the Company advises you to familiarize yourself with detailed information about the upcoming Event, in particular, the topic that will be covered at the Event, the time of the Event (taking into account the time zone), the language of the Event, etc. If the Visitor has not read the information about the Event in detail, the Company shall not be liable to the Visitor in case of any claims against the Company.
7.1.6. After the individual wishing to participate in the Event has completed the registration procedure, a message will be sent to the e-mail address of such individual, which was specified during registration, with a link to the upcoming Event (in the event of the Event being held online), the address of the Event (in if the event is held offline) and other information about the Event. An hour before the start of the relevant Event, the Company sends a reminder about specific Event.
7.1.7. After the Event, the Company may provide the Speaker’s presentation for personal and non-commercial further use by the Visitor.
7.2. Payment for Events
7.2.1. Participation in the Events is provided to Visitors free of charge.
7.2.2. Access to past Events stored on the Platform is provided free of charge.
7.3. Intellectual property rights to the Recordings
7.3.1. The Speaker and the Visitors agree that they have read and given their consent to the fact that the Company may take photos (take screenshots), record (both audio and video) the entire Event or any part thereof, without any restrictions (hereinafter – “Recording”). The image, voice and other identifying characteristics of a person can be embodied in photos (screenshots), recordings (both audio and video).
7.3.2. The Company owns all right, title and interest (including intellectual property rights) in and to the Recordings and all modifications and derivative works of the Recordings. At the same time, the intellectual property rights to the Speaker’s own presentations, which will be used by him during the Event, vest exclusively into the Speaker.
7.3.3. The Speaker and Visitors agree to grant the Company a worldwide, royalty-free, exclusive, perpetual, irrevocable, transferable, sublicensable license to reproduce the Recording on the Platform using YouTube (or any other) video hosting, create derivative works, add its own commercial names and/or registered trademarks, adaptation, modification and other use, analysis and use of the Recordings (including the creation on the basis of the Recording of promotional materials for publication in various social networks), in whole or in part, in any format or media known to the Company.
7.3.4. Visitor and Speaker unconditionally waive any right to restrict the use of any Recording or any reproduction thereof. At the same time, the use or reproduction of the Recordings is carried out exclusively at the Company’s own decision. The Company is under no obligation to use any Recording (including any identifying characteristics or images of the Visitor and/or Speaker).
7.3.5. Images or other identifying characteristics of Visitors and Speakers may appear in Recordings accessible to an unlimited number of persons (including via the Internet), and third parties may store, use, or distribute such Recordings. Once a Recording is publicly available and posted on the Platform through the YouTube video hosting service, the Company has no control over and is not responsible for any use or unauthorized use (including any distribution) of the Recording by any third party.
7.3.6. In connection with the use or other exploitation of the Recordings (including any identifying characteristics or images of the Visitor or the Speaker), the Visitor and/or the Speaker unconditionally waives any claims regarding intellectual property rights, rights of publication, rights of privacy life and any other claims or damages in connection with such use or other exploitation of the Recordings.
7.4. Limitation of the Company’s liability during Events
7.4.1. The Company, Representatives and/or Speakers, during the Events, may make or provide predictive statements regarding its Services and/or Products, future business or financial performance in connection with the Visitor’s receipt of the Services and/or use of the Products. Words such as “expects,” “goals,” “plans,” “may,” and variations of such words and similar expressions identify forward-looking statements. In addition, any statements that refer to or may refer to future financial performance, expected growth, trends or other characteristics of future events or circumstances are forward-looking statements only. All such statements, which are not historical facts, are based on the Company’s current expectations and are subject to identifiable and unidentifiable risks, and actual events or results may differ materially. In this regard, the Company bears no responsibility for cases where any indicators of the Visitor and his business upon receiving the Services and/or Products differ from those provided during the event. The Company is not responsible for erroneous decisions made by the Visitor regarding income or profits that may be made by the Visitor as a result of the Event.
7.4.2. The Visitor’s participation in the Event is completely voluntary. Unless otherwise notified by the Company, registration for all Events is on a first-come, first-served basis. The Company reserves the right without prior notice, to limit the number of Visitors to an Event, to cancel or terminate any registration for an Event, to prohibit any Visitor from attending all or any part of any Event, and to refuse any Visitor access to Event materials.
7.4.3. To the maximum extent permitted by applicable law, the Event Visitor assumes all risk of any bodily injury or damage to his/her personal property that the Visitor may experience while attending the Event and hereby waives any and all claims that may arise against the Company.
7.5. Changes in Activities
7.5.1. The Company may change any Event at any time. The Company reserves the right without prior notice to the Visitors, to make any changes to the program of the Event at any time for any reason (including changing the general program of the Event, or the schedule or content, replacing the Speaker or cancelling any which part of the Event). The Company is not responsible and will not compensate Visitors for any damages in case of any changes to the Event (including changes to the general program of the Event, or schedule or content, replacement of the Speaker or cancellation of any part of the Event).
7.5.2. The Company cannot guarantee the presence of any third party (Speaker) at the Event or that any scheduled part of the Event will take place.
8. Rights and obligations of the Company
8.1. The main remit of the Company is to provide Services to Clients.
8.2. In case of violation of the provisions of these Rules by the Client, the Company has the right to limit or cease from providing the Service to the Client at any time without giving a prior notice to the Client. The Company bears no material or moral responsibility to the Client in the event of such limitation or termination.
8.3. The Company has the right to send messages to the e-mail addresses of Clients or persons who have filled out the appropriate form and provided the e-mail address of the Company, Visitors, specified when registering for the Event, namely: organizational and technical, informational, advertising or other information that does not violate current legislation of the Czech Republic.
8.4. The Company has the right to disclose confidential and personal information of the Client and/or Visitor to third parties in accordance with the Company’s Data Collection and Processing Policy .
8.5. The Company has the right at any time to change these Rules unilaterally, either in their entirety and/or in a part. The Company is not obliged to notify the Clients about the changes made. The updated Rules are posted on the Platform with the date of the update.
8.6. The Company undertakes to comply with all provisions of these Rules.
9. Rights and obligations of the Client and/or Visitor
9.1. In accordance with the terms of these Rules, Clients and Visitors undertake not to use the Platform, Services, Products, Recordings for any purposes that are prohibited by these Rules or current legislation.
9.2. The Client and the Visitor are obliged to fully comply with the terms of these Rules, as well as not to take actions aimed at destabilizing the operation of the Platform / Services / Products / Events.
9.3. The Client and the Visitor are obliged to familiarize themselves with these Rules, as well as to familiarize themselves with the information related to the Services / Products / Events on the Platform, considering changes and addendums to these Rules.
9.4. The Client and the Visitor shall not violate the provisions of these Rules, as well as to observe the legal rights and interests of the Company.
9.5. The Client and the Visitor shall not to copy, change or distribute any information about the Company that became known to them as a result of receiving the Services and/or attending the Events.
9.6. The Client and the Visitor have the right to notify the Company of violations related to these Rules and/or the legislation of the Czech Republic.
9.7. In addition to the above provisions, the Client and Visitors undertake to:
– not to take any actions that impose or may impose (as determined by the Company at its sole discretion) an unreasonable or disproportionately large load on the Platform infrastructure;
– not to interfere or not to try to interfere with the proper operation of the Platform, Service, Event;
– not to circumvent or attempt to circumvent any measures that the Company may use to prevent or limit access to the Platform and/or Service;
– not to use manual or automatic software, devices or other processes for “scanning” or “spiders” on any page of the Platform;
– not to carry out any actions in violation of the recommendations and policies of the Company, use software viruses or any other computer codes, files or programs that are designed or intended to violate, damage, limit or interfere with the operation of any software , equipment, or telecommunications equipment, or to damage or gain unauthorized access to any system, data, passwords or other information of the Company or a third party;
– not to use the Platform for phishing and fraudulent purposes;
– not to commit other illegal actions, including obtaining unauthorized access to confidential information, its distribution, illegal access to computer information, use and distribution of malicious computer programs;
– not decompile, disassemble, reverse engineer or otherwise attempt to derive any code of the Platform, Service and/or Product or the underlying ideas or algorithms of any part of the Platform, Service and/or Product (including, without limitation, any program), except where applicable laws expressly prohibit such limitation;
– not to modify, translate or otherwise create derivative works of any part of the Platform and/or Service;
– not to use any intelligent systems, robots, scrambler or use any similar data collection;
9.8. The Client and the Visitor may have other rights and bear other obligations established by these Rules.
9.9. The Client and the Visitor undertake to respect the intellectual property rights of the authors and other holders of rights when using the Platform, as well as the intellectual property rights of the Recordings.
9.10. The Client and the Visitor undertake not to use the received Services, Recordings, or any materials (including presentations) received from the Speaker or their part for commercial purposes, i.e., undertake not to resell or distribute the Services, Recordings or any materials (including presentations) in return of any fees.
10. Limitation of liability
10.1. The Company, Clients and Visitors are responsible for fulfilling the obligations under this agreement in accordance with the current legislation of the Czech Republic.
10.2. The Company is not responsible for improper, untimely provision of Services and its obligations under this agreement in case the Client provides inaccurate or erroneous information that the Company needs for timely and high-quality provision of Services.
10.3. The Company is not responsible for errors and malfunctions in the operation of the Platform / Products, as well as for losses incurred or may be incurred by the Clients as a result of temporary suspension of the operation of the Platform / Products.
10.4. The Company shall not be liable for any improper operation of the Products, Packaged Products and/or improper provision of Services, if the provision of Services depends on the proper operation of the Products.
10.5. To the maximum extent permitted by applicable law, the Company bears no responsibility for non-compliance of the functionality of the Platform, Service, Products, Packaged Products and/or Events with the Client’s expectations, non-compliance of the functionality with the conditions described on the Platform. When using the Platform, Service, Products and/or Packaged Product, the Company cannot guarantee that the Customer’s technical device meets all the requirements, thanks to which the functionality of the Platform, Service, Product and/or Packaged Product will work without any interruptions.
10.6. The company is indemnified from responsibility for full or partial non-fulfilment of its obligations, if the non-fulfilment is the result of such uncontrollable (force majeure) circumstances as: war or hostilities, earthquake, flood, fire and other natural disasters, power outages or Internet outages , virus attacks, unstable operation of Products through which Services can be provided, actions of state authorities. In the event of force majeure, the Company shall notify the Client of this by sending a corresponding message to the e-mail address or through any other means of communication with the Client. The Company resumes the provision of Services immediately after the end of force majeure circumstances.
11. Intellectual property rights to the Platform
11.1. This Platform is an object of intellectual property and belongs to the Company since its creation and is protected in accordance with international treaties and conventions. Any copying of information, text, images, video, or audio recordings (including Recordings), other data, trademarks and logos, elements of the Platform will be perceived as a violation of the Company’s copyright and may serve as a reason for legal proceedings with prosecution of the violator in accordance with the legislation of the Czech Republic.
11.2. The name and logos of the Platform are identifiers or trademarks of the Company. Nothing in this agreement or on the Platform shall be construed as granting by implication estoppel or any similar license or right to use any of the Company’s trademarks, identifiers, logos displayed on the Platform and/or the Services, without the prior written permission of the Company.
11.3. The use of the Platform is allowed only within the framework of the proposed functionality. Any elements, content, Recordings posted on the Platform may not be used in any other way without the prior permission of the Company. Prohibited use includes, but is not limited to, the following: reproduction, copying, adaptation, resale, posting, distribution in any way, etc.
11.4. After attending the Events, Visitors can receive presentations from the Speaker and accompanying materials. The use, distribution, copying, creation of derivative materials, resale, uploading to any other Internet platforms and resources of such received presentations and/or materials is prohibited. Such actions or any other similar actions will be perceived as a violation of the copyright of the Speaker and/or the Company and may serve as a basis for legal proceedings and prosecution of the infringer in accordance with the laws of the Czech Republic.
12. Data collection and processing policy
12.1. Personal data is part of confidential information and is provided by Clients, Visitors exclusively on a voluntary basis and with their consent when using the Platform.
12.2. The company collects, stores and uses confidential information in accordance with these Rules and the Data Collection and Processing Policy Companies. The company takes all necessary measures to protect the confidentiality of personal data of Clients, Visitors in accordance with the procedure that is usually used to protect this kind of information in the existing business turnover.
13.1. Access to the Platform and/or Service is provided “as is”, “as available”, however, the Company does its best and takes all reasonably possible technical and legal measures to ensure safe use of the Platform and/or Service by Customers.
13.2. If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary to keep this agreement in full force and effect, in full force and effect, and subject to further execution. Failure of either party to exercise any right shall not be considered a waiver of any other additional rights under this agreement. The Company’s failure to enforce any part of this agreement shall not constitute a waiver of the Company’s right to further enforce such or any other part of this agreement. Failure to comply with any clause in any particular case shall not mean that the Company has waived compliance with such clause in the future.
14. Dispute resolution procedure
14.1. In the event of disputes or disagreements related to these Rules, the Company and the Client, the Visitor shall make every effort to resolve them through negotiations in compliance with the pre-trial dispute resolution procedure. The pre-trial dispute settlement procedure is mandatory.
14.2. All claims, proposals and comments will be considered by the Company if they are in writing and sent to the Company’s email address, namely: firstname.lastname@example.org , within 21 (twenty one) days from the date of sending the letter by the Client or Visitor.
14.3. If disputes cannot be resolved through negotiation, such disputes will be resolved in court in accordance with the applicable laws of the Czech Republic where the Company is located.
15. The procedure for making changes to the Rules
15.1. To improve the operation of the Platform, the Company may make changes / additions to these Rules without notifying Customers and Visitors. The date of entry into force of the new version of the Rules is the date of publication of the Rules on the Platform. For the purposes of familiarization with the new conditions, the Client must familiarize himself with the conditions at least once a month, and the User must familiarize himself with the conditions before starting the registration procedure for the Event.
15.2. If the Client disagrees with the new version of the Rules, the User may not use the Platform and cease from using the Service, and the Visitor may not attend the Events.
15.3. The Company has the right to transfer the Platform with all Services and content, including personal information of Customers and Visitors, to its legal successor under contracts or on other grounds. Transfer and notification of Users about such transfer is carried out in accordance with the requirements of the current legislation of the Czech Republic. At the same time, the Client cannot transfer his rights and obligations to third parties, except with the prior written consent of the Company.
16. Contact Information
If you have any questions regarding this agreement or the Services, please contact the Company at: Slezská 1306/80, Praha 3 Praha 130 00 CZ .
For technical issues, please contact the following email address: email@example.com