made by OldanyGroup s.r.o., Company ID 27479188, headquarter in Jeseniova 1151/55, 130 00 Prague 3, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 117646 (hereinafter the "Terms").

Contact information: tel. +420 222 550 020, e-mail info@frekr.me

1. Definitions
   1. The service provider is a company OldanyGroup s.r.o., Company ID 27479188, headquarter in Jeseniova 1151/55, 130 00 Prague 3, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 117646 (hereinafter "Provider").
   2. User is a natural or legal person using a designated administrator (the "Administrator") to make registration through electronic order on website https://frekr.me and agree to these Terms and Conditions (the "User").
   3. By the registration on the website https://frekr.me and agreeing to these Terms and Conditions is created a corporate account (hereinafter referred to as "Corporate Account"). The application is a web interface for working with the service Frekr available at https://frekr.me or mobile application (the "Application"). Employee means a person who is working under contract for the User (hereinafter the "Employee").
2. General Regulations
   1. These Terms and Conditions define the legal relationship between Provider and User in the provision of services based on electronic order placed on the website https://frekr.me.
   2. Electronic order is intended solely for Users who are not consumers within the meaning of § 419 of the Act no. 89/2012 Coll., The Civil Code, as amended, and as defined in § 2 para. 1 point. a) Act no. 634/1992 Coll., The Consumer Protection Act, as amended.
3. Subject
   1. Provider commits to provide User the service of attendance management, ie. the service specified via electronic order (the "Service").
   2. The Service is provided as a Software-as-a-Service on the infrastructure of Provider. Corporate Account is managed by the Administrator (or through multiple administrators) who is authorized to add and remove individual employees accounts of the User. Accounts of individual employees are made either with employees' access to the Corporate Account (if the administrator creates the account and enters email addresses of employee) or without access to the Corporate Account (if the administrator creates the account of the employee without email address). Employees might get the access to Corporate Account at any time by entering the email address or be removed by deactivation of the account.
   3. The User agrees to pay agreed price for the Service, and all under the conditions specified in these Terms and Conditions.
4. Ordering the Service and Contract
   1. Ordering service means a User's registration (an electronic order entered via the order form), as well as any credit recharge (prepaying the service) by User.
   2. To enter a valid electronic order is the User required to fill all the required data and information given in the order form (registration). To activate the Corporate Account and the first credit recharge User needs to fill billing information.
   3. The User can check and rewrite all the data before a final and binding order confirmation.
   4. If the User agrees with the order form, the order will be sent for processing. While confirming the order, User confirms acceptance with these Terms and Conditions and the price level of the ordered Service.
   5. Provider shall send to the e-mail address specified in the order an e-mail confirming that the order was received.
   6. Once the User receives order confirmation via e-mail, the Service order is binding. The order is a contract proposal, and the contract is created with acceptance of the order by the Provider via e-mail. The Provider is obliged to submit acceptance to the User without undue delay after receiving the order and its assessment. After order acceptance arise between the User and Provider mutual rights and obligations, which are defined by the contract and these Terms and Conditions, which are an integral part of the contract.
   7. The Provider has the contract archived in electronic form for a period of 5 years and is not accessible for third parties. Information about individual technical steps leading to the conclusion of the contract are evident from these Terms where this process is described.
5. Pricing and Payment Terms, Credit
   1. The price of the Service is determined according to the valid price list, which is contained in the Application and it is part of the contract (hereinafter the "Price List").
   2. The Provider reserves the right to unilaterally change the Price List. The Provider shall inform the User at least 30 days prior to changing the Price List.
   3. Under the conditions specified in the Price List, Provider enables User to use the Corporate Account for a limited number of employees for free.
   4. The payment is made through prepaid credit. User can recharge any amount of credit from which is drawn a monthly fee according to the number of active employees.
   5. The Provider allows the User to use the Service despite the negative decline of the credit. User agrees to pay the overdrawn credit in full in the event of Service using termination.
   6. The Provider reserves the right to suspend the provision of User’s Service when negative decline of the credit happens.
   7. The Provider is obliged to inform the User by e-mail about the negative decline of the credit.
   8. The minimum amount of credit recharge is 100 CZK (or 4 EUR), while 1 CZK (or 1 EUR) equals one credit unit. If the user recharges the amount less than 100 CZK (or 4 EUR), Provider reserves the right to impose a fine in the amount of 100 credit units (or 4 credit units) for each such recharge. In this case User is obliged to pay any overdrawn credit.
   9. The credit cannot be paid out. Recharge credit must be used for the Provider’s Service.
   10. Provider enables the transfer of credit to another User.
6. Guaranteed Availability (SLA), Shutdowns
   1. The Provider guarantees the 99.60 % availability of the Service.
   2. The Provider reserves the right to shutdown Service due to maintenance of technological equipment.
   3. The Provider is obliged to inform User in advance of planned outages and always at least 24 hrs. in advance.
   4. The Provider is not liable for Service outages caused by force majeure or a third party, and in cases where the Service outage arises without the fault on the Provider’s part.
   5. Provider’s obligation to pay damages to User is limited to max. amount of fees paid by User for the Service in the last three months of its provision.
7. Other Rights and Obligations for Provider and User
   1. The Provider has the right to limit or terminate the provision of Service if the User uses it in violation of applicable law, these Terms or the Provider's instructions. About the restriction or termination of the Service will be User notified via e-mail.
   2. The Provider is obliged to secure its systems against abuse and actively preventing any attempts to exploit its infrastructure.
   3. User whose Service will be terminated pursuant to paragraph 7.1., has no right for the credit return and the credit will be applied as a penalty for breach of these Terms and Conditions.
   4. The User is authorized to back up data using the Application.
   5. Provider is not liable for User’s damage or loss of data stored in the Application, even if the damage or loss occurs through the fault of the Provider. User is obliged to store the data in a different way.
8. Consent to the Processing of Personal Information and Data
   1. The personal data privacy of the User, who is a natural person, is provided by Act no. 101/2000 Coll., On Personal Data Protection, as amended.
   2. The User acknowledges that he is obliged to provide personal information in an electronic order form correctly and truthfully and that he is obliged to inform Provider about the change in personal data without undue delay.
   3. The User by the conclusion of the contract and acceptance of these Terms and Conditions gives consent to the Provider to process User’s personal data which are filled in the electronic order.
   4. The purpose of this process is the conclusion and performance of the contract and offering products and services, protection of rights and legitimate interests of the Provider. Consent was granted for an indefinite period and may be revoked at any time; the appeal does not relate to data on the extent to which the Provider is entitled to process such data without consent.
   5. The Provider commits to comply with all requirements of the Act no. 101/2000 Coll., On Personal Data Protection, as amended, when handling personal data.
   6. The Provider may entrust a third party to process the data named above. Provider hereby informs User and provides explicit instructions on his rights under the Act no. 101/2000 Coll., On Personal Data Protection, ie. especially about the fact that providing personal data is voluntary and the User has the right to access them, and has the right to revoke the consent in writing at any time at the Provider’s address.
   7. The User confirms that the personal information is accurate and that he was advised that providing personal information is voluntarily.
   8. User by conclusion of the contract and acceptance of these Terms and Conditions agrees with the fact that the Provider collect and store data related to the provision of the Service (information about the comings and goings of individual employees to/from work, incl. possible reasons for leaving, GPS positions of individual users or their pictures taken when using Application).
9. Final Provisions
   1. These Terms and Conditions are displayed on the website https://frekr.me and it is therefore possible to archive and reproduce them by User.
   2. The Provider is a VAT payer. All prices stated in these Terms and Conditions are incl. VAT.
   3. The User agrees to receive information related to goods, services or business of the Provider on the User's e-mail address and agrees to receive commercial information from the Provider to the e-mail address of the User.
   4. The User may receive e-mails to the e-mail address specified in the electronic order.
   5. If any provision of these Terms and Conditions is invalid or ineffective, or becomes invalid or ineffective, comes instead of the invalid provision a provision whose meaning comes closest. The invalidity or unenforceability of one provision is without prejudice to the other provisions.
   6. Any contractual relationship between the Provider and the User is closed in accordance with the laws of the Czech Republic.
   7. Terms and Conditions apply to the extent and wording that appears in an electronic order form on the day of shipment. By sending electronic order to the Provider User confirms that he is familiar and agrees with these Terms and Conditions.
   8. Provider is entitled to unilaterally change the Terms of Service and Price List, change the Service’s terms or terminate its provision. Changes Provider notifies to the User at least 30 days prior to their effectiveness. User who become dissatisfied with the changes will not be allowed to recharge credit and Service will be provided to him according to the original contractual Terms and for the original price until the credit is depleted.
   9. These Terms and Conditions are effective from 1st of August 2016 and repeals the previous version of the Terms.