Elite Solutions

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General business conditions of the company Elite Solutions, Ltd.

The company Elite Solutions, Ltd., on address Račianska 155, 831 54 Bratislava, Slovakia, ID #: 367 60 960, Tax ID #: 2022359856, bank account: 0305892628/1100 publishes these General business conditions according which the company deals with its customers.

Ordering any services you agree with General business conditions of the company Elite Solutions, Ltd.

Article 1

General

The object of a fulfilment is service, good or creating a product.

The purchaser is the subject which orders the object of a fulfilment from the company Elite Solutions, Ltd.

The provider is the company Elite Solutions, Ltd., which signs to supply the object of a fulfilment.

The communication via electronic form means communication via e-mail or web form.

Article 2

Signing a contract

Every single business orders are signed based on the written orders of the purchaser, sent by post or fax, or the orders sent by electronic form, in special cases based on a verbal agreement or a telephone order. Usually before drawing an order there is a price offer from a provider based on the order from the purchaser. If it is not documentary stated differently, these general business conditions are valid for all obligations between the purchaser and provider. All parts of the general business conditions are valid till complete expiration of the rights and liabilities between the purchaser and the provider. The prices stated in valid written offer from the provider or prices valid in the moment of accepting an order are valid for the price in the price calculation.

Valid order must include these basic requirements:

the business name and the business headquarters including telephone and e-mail contact, in the case the purchaser is the physical person, he must write his/ her name, address and the registered office,
the person who is competent to act on behalf of the purchaser, ID # and Tax ID # if it is registered as the payer of the VAT,
the clear determination of the object of the fulfilment and its quantity, delivering conditions as place and date, person responsible for the acceptance of the object of the fulfilment and other specific requirements on the object of the fulfilment.

After receiving the order from the purchaser, provider sends confirmation of the order to the purchaser in writing, via telephone or via e-mail. Provider can also accept order which is delivered when the time limit of the offer has already expired. Provider is obligated to send a confirmation of the order to the purchaser at latest 14 working days since the day in which was the order delivered to the provider. In case that the basic information in confirmation of the order issued by provider is the same as the text of the order from purchaser, provider confirms that he accept the order from the purchaser. After sending this order confirmation it becomes obligatory and it is considered as a contractual relationship.

In case that some requirements in the order from the purchaser cannot be fulfilled, the provider sends to purchaser the offer with the available alternatives of the order and requests the reaction of the purchaser. In case that the order from the purchaser is not standard object of the fulfilment, before receiving the provider requests to pay a deposit in agreed amount based on the issued advance invoice in terms of these conditions. Agreed time in the confirmation of the order starts to flow after the accepted payment of the deposit from the purchaser. In case of bigger deliveries of the object of the fulfilment, or specific conditions in which the fulfilment is carried out, or if it is requested by any of the participant, participants can sign a specific agreement for the object of the fulfilment in reference to these general conditions.

Article 3

Delivery conditions

Deliveries of the object of the fulfilment according to availability of the products and workplace abilities will be carried out in the shortest time, but the exact date is agreed by the provider and purchaser individually by the written or verbal form.

In case that purchaser does not assume the object of fulfilment and if this is purchaser’s own fault, purchaser is responsible for all costs connected with re-delivery. Purchaser is obligated to assume the object of fulfilment and consequently control accordance of quantity and type of the object of fulfilment with the delivery note or issue card, as well as visible damage of the coverage or products.

Article 4

Terms of payment

Usual terms of payment when the provider delivers standard range of goods is advance payment or payment in cash when the object of fulfilment is handed in. There is a possibility to agree on different terms of payment in general contract, or in sales agreement signed by the business agent of the provider.

In case that the purchaser orders a non-standard object of fulfilment e.g. customer oriented configuration of the computer, non-standard components, peripheries, or other equipment, perhaps even software order of the purchaser can be accepted and confirmed after receiving a deposit in 40% from the non-standard object of the fulfilment. In the case that the purchaser requires a modification of the standard terms of payment, it is necessary to negotiate it with business agent and these agreed terms state in the order. The modification of the terms of payment can affect the price of the object of the fulfilment. In case that the purchaser is not able to purchase the invoice from any reason in the maturity date stated on the invoice from the provider, the purchaser is obliged to contact the provider immediately and agree on a change of the terms of payment. If the purchaser does not do it, the provider is authorized to count contract discharge in an amount 0.1% of the debt part including VAT for each day from the day of the primary maturity date till to its full repayment.

The obligation of the purchaser to pay his liability against the provider is fulfilled properly and in time by the date of charge of valid agreed amount on account of the provider stated in the invoice.

In case that the purchaser makes payment in cash, the provider draws a cash receipt with the statement of number of the advance invoice, or the invoice to which the cash receipt relates. The invoice, or advance invoice where the term of payment is cash, is the basis for the payment transfer but not the document about the payment in cash.

The danger of the damage on the object of the fulfilment moves to purchaser by the time of its acceptance. Till the full price of

which is the possession of the purchaser, or system which the purchaser uses. Any deprivation of the object of the fulfilment and its pawning or foundation of an assurance transfer of right or other contractual relationship referring to the object of the fulfilment in behalf of third party without provider is unauthorized.

If the purchaser does not fulfil his liability to pay the price for the object of the fulfilment in time and in full amount, the provider is authorized to stop providing of the fulfilment or services that are related to the object of the fulfilment (e.g. guarantee service) until the full payment including accepted interests (penalty), or contractual penalties for delayed payment.

Article 5

Delivery date of the object of the fulfilment

Delivery date is prolonged by those days in which it is not possible to continue in working on the object of the fulfilment due to natural disasters or other unpredictable events caused by provider, but these events cannot be influenced by the provider. The same rules are followed also when there are some obstacles on the purchaser´s side that influence the proper working process of the provider.

Article 6

a) Responsibility for damage and claim conditions

The provider answers for damage to purchaser that is caused by not filling the responsibilities of the provider, resulting from this contractual relationship. The provider does not answer for damage to purchaser that is caused by:

maintenance of the object of the fulfilment by other person as the provider, or other person that is in charge of the other person, if it is specifically stated that the maintenance of the object of the fulfilment must be carried out by the provider;
incorrect or inadequate usage of the object of the fulfilment
usage of the object of the fulfilment in other than recommended environment

The participants of this contractual relationship appoint that the amount of the expectable damage that can be caused by not filling the responsibilities of the provider can be maximal at the price of that object of the fulfilment. The provider does not answer for the loss or damage of the purchaser’s data. Contingent re-construction of lost or devaluated data is charged to the purchaser.

To apply any claims for the compensation of the damage the purchaser is authorized only if he took action to minimize the amount of damage after damage had been created, notified the provider immediately and provided him all requested documents related to the caused damage.

The participants of this contractual relationship except for the cases set by law do not answer for breaking liabilities caused by act of nature, i.e. circumstances that occur independently from the will of the participants and which were not able to turn away with all the possible effort , or are detachedly incontrovertible.

Legal relationships between the provider and the purchaser are managed by Slovak regulations, and also in the cases that the purchaser is not the citizen of Slovak Republic, does not have the residence and accommodation in Slovak Republic and the object of the fulfilment is provided outside of the Slovak Republic. Purchaser is obliged to solve mutual conflicts between the purchaser and the provider in preference with the provider on behalf of solving the conflict by the mutual agreement in extrajudicial way. In the case that despite of the maximal effort from the both participants the conflict still can’t be solved, the purchaser is authorized to submit the conflict to the local or object related court.

b) Guarantees

To the maximum extent which is allowed by the applicable law, in all cases will provider not be responsible for any lost profits, income or sales, or for any loss of data or for the costs incurred for the purchase of substitute goods or services, property damages for personal injury, for business interruption, loss of business information, or for any special, direct, indirect, incidental, economic, cover, punitive, special or consequential damages, anyhow caused, whether it aroused from the contract, wilful acts, negligence or some other facts establishing liability , resulting from the usage or impossibility to use the subject of the fulfilment, even if the producer has been aware of the possibility of such damages. Because of some states and some legal systems do not allow exclusion of liability, but may permit limitation of liability, provider’s liability is limited to the amount of the deposit or the price paid for the registration fee of the subject of the fulfilment.

Article 7

Copyright and data protection

Copyright as well as other intellectual property rights related to software products including guides, manuals and other documents which are distributed together with software products, still belong to the particular subjects as to the wearer and are not aggrieved by this liability relationship. Purchaser only acquires a non-exclusive right to use software products.

Purchaser is not allowed to delete, edit, hide or anyhow interfere with any copyright-laws or other indications of the concerned entities located or placed on software products, on any other part of it, or in the documentation distributed together with the software products.

All information provided by the purchaser is considered as a confidential. Provider commits that purchaser’s data will not be provided to the third parties without purchaser’s agreement. Exceptional are only the data necessary to identify the customer used in the payment system. Purchaser agrees to use his/her personal data to the extent necessary to signing the contract. These are data that are necessary for the payment transfer for the services, data necessary to inform the provider about the receiving the order (phone numbers, e-mail), about the project realization, and data used for realization of the object of the fulfilment. All personal customer information is handled according to Law no. 428/2002 Collection of Laws about protection of personal data following the older appointments.

Article 8

Order cancellation

Order cancellation is not guaranteed in advance. Cancellation of the order will be evaluated according to the status of the completion process of the object of the fulfilment and this is reached by the agreement of both parties while provider has the right to get the money for rightfully expended costs.

Article 9

Final provisions

These general conditions enter into force and become effective on 10/10/2009.

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