Terms and Conditions House of Řezáč, s.r.o.

These Terms and Conditions are part of the Agreement between the Client and the House of Řezač (HoŘ).

Important: By concluding the Agreement, the Client confirms that he has read the Terms, has read the Terms and Conditions, has read them, understands the Terms and Conditions and agrees with them.

1. Definition

The terms in the Capitalized Terms and Conditions have the meanings given in Annex A.

2. Subject of the contract

HoR undertakes to implement the Fulfillment for the Client as specified in the Contract, and the Client will pay the price for the Fulfillment.

3. Conclusion of the contract

Based on the initial information from the Client, HoR usually prepares an Offer for the Client. The offer includes in particular:

(a) the specification of the Performance;

(b) the price for the Performance or the price per unit of time of the COR; and

c) payment and implementation milestones, if the Performance is to be carried out in parts.
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The contract is concluded:

a) by sending a written or electronic acceptance of the Order by HoR to the Client;

b) by delivery of a written or electronic acceptance of the Offer by the Client to HoR; or

c) by signing a written Contract for the implementation of Performance by the last Party.
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Unless otherwise stated in the Offer, the Offer is valid for a period of 14 days from the date of its dispatch to the Customer.
Acceptance of the Offer with additions or deviations by the Client is excluded.

4. Price and payment terms

All prices stated in the Offer, the Contract, the Price List, on the website or other documents of the HoR are always indicated without VAT, unless the specific price is explicitly stated that it includes VAT. The HoR also charges VAT with each charged price in accordance with the legal regulations in force on the date of the taxable transaction.
If the price is determined by the rate per unit of time (e.g. hourly rate), the time actually spent will be charged proportionally for each quarter of an hour of execution of the Performance started. If the price for the Performance or part of it is determined by some amount, it is the price determined by the estimate.
Extraordinary costs are not included in the price of the Performance, unless expressly agreed otherwise in the Contract. These costs will be charged by HoR to the Client in excess of the Performance price together with the Performance price.
The price of the Fulfillment has the following components and will be paid by the Client as follows:

a) 40-100% of the price of the Performance before the start of the execution of the Performance; this amount is non-refundable and in the event of termination of the Contract for any reason before the execution of the Performance, the costs incurred by the allocation of capacities for the implementation of the Performance shall be reimbursed to HoR for any reason;

b) the remaining part of the price of the Performance after the performance of the Performance or its relevant part; if the Contract for Performance or part of it does not contain a negotiated price, the Performance or part of it will be invoiced in time & material mode.
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In the time & material mode, the HoR at the beginning of the calendar month charges the Customer the Extraordinary Costs and the price of the implementation of the relevant part of the Fulfillment in the previous calendar month as the product of the units of work performed and the rate of the HoR. The HoR shall issue to the Client the relevant tax document (invoice), the annex of which will be a structured statement of work performed and a statement of Extraordinary Costs. In the event that the HoR does not exercise its right to account for the work performed in the time & material mode in the given month, it may include the work performed in the billing for any subsequent month.
The Client acknowledges that when performing the Performance consisting in the provision of services, the result of which cannot be guaranteed by the substance of the matter, HoR is entitled to remuneration after the performance of the Performance, even if the expected result has not occurred.
All invoiced amounts will be paid by the Client by non-cash transfer to HoR's bank account, on the basis of invoices issued by HoR, which will have the requisites of a tax document according to the relevant legislation. A HoR bank account is always the account indicated on a specific invoice. The Client agrees to send him invoices in electronic form to the Customer's e-mail address specified in the Agreement or otherwise indicated for sending invoices.
The maturity of each invoice issued by HoR shall be 14 (fourteen) days from the date of its issuance, unless the relevant invoice provides for a longer maturity.
The Customer is obliged to indicate the variable symbol indicated on the relevant invoice when paying the price of Performance. The Client's obligation to pay the price of Performance is fulfilled at the moment of crediting the relevant amount to HoR's account.
In the event of the Customer's delay in paying any of the amounts legitimately billed by HoR, the Client is obliged to pay the HoR contractual penalty in the amount of 0.05% per day of the amount owed for each initiated day of delay. This contractual penalty is due 7. the (seventh) day from the date of application of the right of Hoř to pay it with the Client.

5. Method of implementation Filling

Unless otherwise agreed (for example, if the Parties do not agree to explicitly specify the steps), it is true that the Service is implemented according to its invention and expertise in such a way as to match its purpose as much as possible.
HoR is entitled to implement the Performance in whole or in parts and within the terms of the Agreement. The period of performance is negotiated in favor of HoR.
During the implementation of the Performance, the Client may request the HoR to modify or change the Performance or a part thereof, or the Client may give an instruction according to which the HoR is to implement the performance.
If the Client's instruction for proper Performance is not appropriate, then HoR will adjust the Performance according to this requirement, if it does not affect the agreed terms or the price of the Performance.
If the order of the Client in accordance with paragraphs 5.3 and 5.4 affects the terms or price, the Company shall not be bound by it unless expressly agreed between the Parties.
If the instruction for the proper implementation of the Fulfillment becomes inappropriate, HoR will notify the Client of this and fulfill it only if the Client insists on it. The risk associated with disobeying an inappropriate instruction lies with the Client and the HoR is not responsible for the impeccability of the execution of the agreed Performance.
The Client is obliged at the beginning of the implementation of the Performance to provide the HoR with all the supporting documents, information and documents that are necessary for the proper Performance, unless the Parties agree otherwise.
The Client acknowledges that the implementation of the Performance may require his cooperation and undertakes to provide this cooperation to HoR upon request. For this cooperation, the Client will be given a reasonable period of time. In the event that the Client does not provide cooperation, the HoR cannot continue the Performance and the time to realize the Fulfillment is extended by the period of delay of the Client with the provision of synergies. In this case, the HoR is also entitled to withdraw from the Agreement. HoR may also postpone the execution of the performance by a longer time than the Customer's delay took, due to the realization of other currently ongoing orders for other customers.
In the event that the subject of the Performance is a matter in digital form, the HoR is obliged to ensure that the Customer is provided with the updates necessary to ensure that the digital content is free of defects for the duration of the undertaking, and to notify it of their availability only if this has been expressly agreed between the Parties in the Contract.
The Service may also include the intermediation of a service provided by a third party (e.g. data infrastructure, web hosting, etc.). The Client acknowledges that in the event of non-payment of the Performance or part thereof, the HoR may terminate the payment of the costs of these services. In this case, it is possible that the provider of these services (third party) will cease to provide these services and the Customer may incur damage. HoR shall not be liable for this damage resulting from the breach of the obligations of the Client.

6. Handover of Fulfillment

The performance consisting in the performance of a work is transferred to the moment when the HoR allows the Client to use them in the manner stipulated in paragraph 6.2. Actions consisting in the procurement of the matter (in particular the performance of a workshop, lecture, analysis, etc.) are not transferred and are completed by their procurement.
The performance, consisting in the performance of a work, will be transmitted to the Client exclusively in electronic form, unless the Parties expressly agree otherwise in the Contract. Payments in electronic form shall be transmitted in one of the following ways:

(a) by e-mail to the contact details provided;

(b) through a shared cloud storage;

(c) the transmission of access data to the Transaction carried out; or

d) through the download line.
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If the Parties agree that the performance of the Performance will be proved by the conduct of tests, the Parties shall agree in the Contract on the manner in which they will be performed and on the acceptance criteria. In this case, the Performance is completed by the successful completion of the tests (the Performance meets the acceptance criteria) .Unless otherwise agreed by the Parties, the tests will take place on the premises of the HoR and will be recorded on video (camera or screen recording software).
If the Fulfillment or part of it is created from editable, so-called source files (for example, text from a .docx document, graphics from a .psd document, etc.), the source files will be included in the Fulfillment.
The Client accepts the Performance with reservations or without reservation. If the Client does not make a statement of reservations within 7 (seven) days from the date on which HoR transmitted the Fulfillment to him, the Client assumes the Fulfillment without reservation.
The Client acquires the ownership rights to the Performance only upon full payment of the price of the Performance or its last part. In the event that the Client does not pay the price of the Fulfillment on time, he/she is obliged to return the Performance to HoR within 7 (seven) days from the date of sending the request by HoR to the Client to return the Performance. At the latest on the date of return of the Performance according to this paragraph, the Customer is obliged to remove all copies of the Performance (copies, etc.) from all media and data stores, except for data stores that own or use HoR.
In the event that the Client does not pay the price for the Performance to which access is managed by HoR (e.g. online collaboration platforms, data management tools), the Client acknowledges that with regard to the acquisition of the ownership right up to the full payment of the price of the Performance, HoR is entitled to prevent the Client from accessing and using the Performance, until full payment of the price of the Performance.

7. Filling Defects

The Client acknowledges that the Performance will only have the characteristics expressly stated in the Contract; if the Performance has no other characteristics, this is not considered defective Performance. The Customer is obliged to prove the defect in the Fulfillment. HoR does not provide any warranty for Performance unless the Parties expressly agree otherwise in the Contract.
The Client acknowledges that the idea of the result of the Fulfillment may be subjective and that the discrepancy between the ideas about the result of the Client and the HoR is not in itself a defect of the Performance. However, HoR is committed to implementing the Fulfillment according to its expertise and creative invention in such a way as to fit the intended purpose as much as possible.
Changes to the performance characteristics and requirements for it can only be made in accordance with the procedure laid down in Article 10
If the Fulfillment is defective, the Client shall notify the HoR without undue delay. The notification is made properly if the Customer indicates what kind of Fulfillment defect has and how the defect manifests itself. If the Customer does not indicate in the defect notice the way in which he exercises the right from defective performance, he shall be deemed to demand free elimination of the defect by correcting the Performance.
The HoR shall assess the Client's notification of the defect and if it concludes that the Fulfillment has a defect, it shall make maximum efforts to eliminate the notified defect within 14 (fourteen) days from the date on which it became aware of the defect. If it is not possible to correct the defect within the specified time, HoR shall inform the Client without undue delay of the earliest possible date for the elimination of the defect.
The Performance Defect is eliminated if HoR has informed the Customer that it has eliminated the defect and if it has demonstrated to the Customer that the Fulfillment no longer suffers from this defect. The Defect of Performance is also eliminated by the provision of an alternative procedure by HoŘ to the Client for the use of the Performance, in which the defect does not manifest itself and in which the Performance fulfills its basic functions, without significantly affecting the Customer's experience of using the Performance (workaround).

8. Copyright

If he creates a mountain for the Client as part of the Performance of any author's work (”subject of license”) within the meaning of the relevant legislation, the HoR hereby grants to the Client an unlimited, non-exclusive license to use the subject of the license for the purpose agreed in the Contract or, if not agreed, for the usual purpose (”licenses“). The price for the license is already included in the price of the Fulfillment. The termination of the Agreement shall not affect the duration of the licence referred to in this paragraph.
The Client is not entitled to publish, modify, process, combine with any other work, include it in a comprehensive work, display it under its name, distribute, rent, lend, exhibit or communicate to the public unless expressly agreed otherwise in the Contract. If this is strictly necessary to fulfill the purpose of cooperation of the Parties, the Customer is entitled to temporarily make the subject of the license available to its other suppliers for its own use.
If the Client transfers to HoR any intellectual property protection objects of third parties for use in the implementation of the Performance, or if he requests the incorporation of these objects, the Client is responsible for ensuring that there is no infringement of the intellectual property rights of third parties and is solely responsible for obtaining an adequate license for both Parties.
The Client is not entitled to grant a sublicense to the subject of the license unless otherwise expressly agreed in the Contract.

9th. Rights and Obligations of the Parties

The HoR shall, in particular, be obliged to:

(a) to carry out the Performance in a proper and timely manner in a manner consistent with the Contract;

b) continuously inform the Client about the state of implementation of the Fulfillment and communicate with the Client;

c) to designate the contact person to whom the Client may contact regarding the implementation of the Services; and

d) inform the Client of facts affecting the performance of the Contract.
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The Client acknowledges that in expert issues related to the Performance for which the HoR has professional competence, the implementation of the Performance is governed by the instructions of the Ministry, while complying with the strategy and direction of the Performance consulted by the Parties. In case of doubt as to whether a question is expert and who has the competence to decide it, the HoR shall decide.
The Client is obliged to disclose to HoR the contact details of the persons who will provide cooperation for the Client in the realization of the Fulfillment on behalf of the Client, and who will be responsible for coordinating the implementation of the Fulfillment and decision-making on the Fulfillment.
The Client is obliged to inform HoR in good time about facts or plans that may affect the implementation of the Performance, but no later than 3 (three) working days after the relevant fact occurs or the Client accepts such a plan.
The Client acknowledges that HoR may implement similar fulfilment also for Competitive Customers. HoR undertakes to notify the Client in case it assesses that it has or may get into a conflict of interest. In such a case, HoR shall suspend the performance of the Performance until the Client decides whether to perform the Performance or if the Client terminates the Contract in accordance with Article 14, and notifies HoR of this decision. For the period from the interruption of the performance of the Performance pursuant to this paragraph until the time of delivery of the Notification of the Client requesting the performance of the Performance, the agreed period of the HoR for the realization of the Performance shall be extended.

10. Changes to Fulfillment

During the implementation of the Fulfillment, the need to change the Fulfillment may arise. Any change in the Performance must be made by an amendment to the Agreement. The Appendix may be concluded in writing or electronically (for example, if one Party sends the other Party an e-mail message proposing to amend the Performance and the other Party confirms the proposal to the First Party by sending a confirmation e-mail message).
The Client agrees in advance that HoR will unilaterally change the specification of the Performance in the course of the performance of the Contract if it is expedient for the Performance to serve its purpose, unless the change of the Performance results in an increase in the price of the Performance by more than 10%. The Client shall notify the Client of the unilateral change in the Performance specification without undue delay and if the Client does not express his disagreement within 3 (three) working days from the date of delivery of the notification to the Client, it shall be deemed that he agrees with the change.

11. Liability for damage

HoR is not liable for any indirect damage caused to the Client, even if the Client has notified HoR of the possibility of indirect damage in advance, in particular for lost profit, special or incidental damage, or damage arising as an indirect consequence of the use of the Performance. HoŘ is not liable for non-material damage to the Client.
The HoR shall not be obliged to compensate the Client for any damage that exceeds the damage which HoR anticipated at the time of the conclusion of the Contract as a possible consequence of the breach of its obligations or which could have been foreseen taking into account the facts known or should have known at that time during the ordinary course of care.
Hoř is not liable for any damage caused by the subsequent use of the Performance after its transfer to the Client.
HoR shall not be liable for any damage, delay in performance or lack of Performance in the event that such situation is caused by the actions or omissions of the Client, in particular the lack of provision of synergies.
In any case, if HoR is obliged to pay any damage to the Client, the Parties agree that HoR will compensate the maximum damage in the amount of the price of the Performance, but always not more than CZK 200,000

12. Confidentiality

The confidentiality of the Parties shall be governed by a separate confidentiality agreement.
Even in the absence of a non-disclosure agreement between the Parties, each Party is obliged to maintain confidentiality regarding all of the other Party's Protected Information, as well as security measures, the disclosure of which would jeopardize the security of the other Party's Protected Information. Compliance with the obligation of confidentiality means, in particular, the non-disclosure and non-disclosure of the Protected Information of the Other Party to any third parties and the non-use of it for purposes other than those necessary for the performance of the obligations of the Party to the other Party in the performance of the Contract.
Unless it is a Trade Secret, the following information shall be considered Confidential Information in particular:

(a) non-public information contained in any contract to which the HoR is a party;

(b) non-public data on employees, customers or business partners of the HoR and the price of its contracts;

(c) non-public technical and production data, internal regulations, computer programs, source and machine codes of computer programs, datasets, know-how, analyses, algorithms, inventions and discoveries of the COR;

d) all non-public documentation related to the performance of the Contract or to other activities that the HoR will perform for the Client (especially analyses, project plans and conceptual materials, description of the functionality of the Performance, etc. );

(e) non-public data on the COR's financial and economic situation, further development plans, innovation and marketing intentions, advertising ideas and ideas, documentation of working practices and know-how used, security codes and passwords, accounting documents and business books;

(f) the above information of the HoR's business partners;

(g) information marked in writing as confidential by the words “CONFIDENTIAL”, “CONFIDENTIAL”, “CONFIDENTIAL”, “SECRET”, or other words having the same meaning; and

(h) information on the existence of the above information.
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Protected information is not information that is normally available to the public at the time of disclosure or use.
It is not a violation of a Party's obligation under this Article if a Party makes available or uses the other Party's Protected Information:
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a) With the prior written consent of the other Party;

(b) which was known to the Party from sources other than the other Party, and which it did not obtain in breach of the obligation of confidentiality;

(c) because of an obligation imposed on the Party by law or by a public authority; or

(d) because this is necessary for the performance of the obligations of the Party to the other Party in the performance of the Agreement;
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Even for the disclosure or use of Protected Information pursuant to paragraph 12.5, the Party is entitled to do so only to the least extent necessary. Each Party undertakes to promptly notify the other Party in writing of all cases in which it has provided the other Party's Protected Information to a third party pursuant to paragraph 12.5.c), unless otherwise excluded by law.

I'm 13. Processing of personal data

If HoR processes the Customer's Personal Data during the performance of the Contract, such processing of the Customer's Personal Data is governed by the Terms of Processing of Personal Data specified in Annex B.

14. Duration and termination of the contract

The Agreement may be terminated exclusively by agreement of the Parties, withdrawal from the Agreement for material breach thereof or termination of the Agreement in accordance with this Article.
In particular, the following shall be considered as a material breach of the Contract by the Client:

a) The Client fails to provide the HoR with the cooperation referred to in paragraph 5.8 within a reasonable period of time or fails to comply with the agreed deadline;

b) The Client is in arrears with the payment of any of the amounts legitimately billed by HoR for more than 7 (seven) days;
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c) The Client breaches the obligation of confidentiality more than once; or

d) The Client insists on an apparently inappropriate instruction.
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The Client may withdraw from the Contract if:

(a) disagrees with the decision of the Board on an expert question referred to in paragraph 9.2; or

b) For reasons that lie solely on its part, the HoR does not comply with the agreed deadline for implementation of the Performance or part thereof, even within an additional period of 2 (two) months.
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The Client is entitled to terminate the Contract without notice period if it decides that it does not want HoR to carry out the Performance after the Client receives notification of a possible conflict of interest in accordance with clause 9.5.
Termination of the Contract and withdrawal from the Contract shall be in writing and shall be effective on the date of their delivery to the other Party.
In the event of termination of the Contract for any reason, the Client is obliged to pay in time & material mode for all the work performed for the Performance, regardless of whether the Client will be able to use the unperformed Performance. In the event of termination of the Contract before the performance of the Performance, the HoR is not obliged to transfer to the Client the unperformed Performance, except in cases where part of the Performance has been realized to the extent that it is eligible for transfer to the Client without further ado.

15. Final arrangements

The Parties exclude that the provisions of Part IV, Title II, Part 2, Section 6 of Act No. 89/2012 Coll., the Civil Code, as amended, and any business practices within the meaning of Section 558 (2) of the same Act, except as expressly agreed in the Agreement, apply to the Agreement.
The Agreement supersedes all prior oral or written agreements of the Parties relating to the subject matter of the Agreement.
The Client is not entitled to assign the Contract or any claim, right or claim arising from it, without the prior written consent of HoR.
The Client is not entitled to indemnify against HoR any claim, right or claim arising from the Contract, without the prior written consent of HoR.
All communication between the Parties shall take place, in particular, in person, by telephone, e-mail to the Party's last known electronic address or in writing to the address of the Party specified in the Agreement, in Czech or English.
Hoř is entitled to place the Customer's trade name, logo, trademark or any other trade mark on its website in the references section and use it in its reference marketing documents.
The Client acknowledges that photographic records may be taken from the workshops during the provision of services in order to be used for marketing purposes, in particular for the presentation of the company, services and products. Workshop participants are always notified in advance about the taking of photographs. Workshop participants may object to the use of photographs with the person who informed them about the taking of the photographs.
Legal relations between the Parties relating to the Agreement shall be governed by Czech law.
Any disputes between the Parties undertake to resolve, in particular, amicably. If there is no amicable resolution of the dispute, the General Court of HoR is competent to resolve the dispute in accordance with the relevant legislation.
Failure or failure to enforce any of its rights under the Treaty shall not be regarded as a waiver of such rights in the future and shall not constitute an established practice between the Parties.
In the event of a conflict between the Terms, the Agreement and/or their annexes, the following documents shall prevail in the following order:
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1) Contract;

2) Offer;

3) Conditions.
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The nullity, ineffectiveness, seeming or unenforceability of any part of the Agreement or Terms shall not affect the remaining portions of the Agreement or Terms. The Parties undertake to replace any invalid, ineffective, ostensible or unenforceable part of the Agreement with a valid, effective, non-ostensible and enforceable part with the same commercial and legal meaning within 14 (fourteen) days from the date of receipt of the request from the other Party
Annexes to the Terms are:

1) Annex A — Definition and interpretation of terms;

(2) Annex B — Terms of processing of personal data;

3) Appendix C — Safety measures;

4th) Appendix D — Audit rules.
Certain provisions of the Terms and Conditions could be considered surprising, in particular paragraphs 7.3, 9.2, 10.2,11.1, 11.5 and 14.6. Hoř expressly warns the Client about these terms and the Client confirms by concluding the Agreement that he has become acquainted with and agrees with them.
These Terms are effective as of 1 January 2025.

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ANNEX A

Definition and interpretation of terms

VAT
‍It is a value added tax within the meaning of Act No. 235/2004 Coll., on value added tax, as amended.
Confidential information
‍It is the information specified in paragraph 12.3. Conditions.
GDPR
‍Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
The mountain
‍Is a trading company House of Razec, s.r.o. registered office in Gorký 51/1, Veveří, 602 00 Brno, ID: 04673212, registered in the Commercial Register under sp. zn. C 91358 at the Regional Court in Brno.‍
Protected information
‍They are Trade Secrets and Confidential Information.
Competitive client
is a person different from the Client who does not form a business group with the Client and who is in a direct or indirect competitive position in relation to the Client's business activity, i.e. provides the same or similar products or services as the Client or cooperates with persons providing the same or similar products or services as the Client.
Extraordinary costs
There are the costs of translation of documents into a foreign language and translations from a foreign language into Czech and travel expenses outside the municipalities of Prague and Brno.
Offer
‍It is a document or content of electronic communication of HoR to the Client, in which the Performance is specified.
Trade secrets
‍They are competitively significant, determinable, appreciable and, in the relevant business circles, facts which are normally inaccessible to the plant and whose owner ensures that they are kept confidential accordingly in his interests.
Orderer
‍He is the person who entered into a contract with the HoR.
Order
‍Is the document or content of the Client's electronic communication to the HoR, in which the Performance is specified.
Customer's Personal Data
‍These are personal data processed by HoR on behalf of the Client in the performance of the Contract.
Filling
It is the performance that the HoR undertakes to implement for the Client by the Contract. Fulfillment also includes its part, if it is to be realized in parts. The fulfillment can be, for example, analysis, consultation, etc.
Terms
‍Are these Terms and Conditions House of Řezč, s.r.o.
Covenant
Is a contract concluded between the Parties that is not named by law and may show primarily elements of a contract for work or a contract of command. The subject of the Contract may, in particular, be the provision of training, analysis or performance of a work. The Terms and Conditions are part of the Agreement.
dates “warden“,”data subject“,”personal data“,”breach of personal data security“,”workmanship“,”processor“a”supervisory authority“
‍ They have the same meaning as in GDPR.
Party or Parties
It is individually or jointly the Client and the HoR.
Processing services
‍These are personal data processing services provided by HoR to the Client on the basis of the Contract, and any related technical support, if it involves the processing of personal data.

End of attachment

ANNEX B

Terms of processing of personal data

1. Terms

The Terms govern the processing and protection of the Customer's Personal Data.

2. Position and guidelines for the processing of personal data

The Parties declare and agree that:

a) HoR is the processor of the Customer's Personal Data;

b) The Client is either the controller or processor of the Customer's Personal Data;

c) in relation to the processing of the Client's Personal Data, both Parties shall fulfill the obligations stipulated by generally binding legal regulations.
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If the Client is a processor, it is guaranteed to HoR in such case that its instructions and actions in relation to the Client's Personal Data, including the authorization of HoR as an additional processor, have been agreed by the competent administrator.
By agreeing to the Terms and Conditions, Hoř gives instructions to process the Customer's Personal Data in accordance with generally binding legal regulations:

a) to provide Processing Services;

b) as follows from the use of the Processing Services;

(c) as provided for in the Agreement, including the Terms and Conditions; and

d) as follows from any other documented instruction of the Client, agreed by the HoR for the purposes of the Terms.

3. Period of processing of personal data

The processing of personal data will be carried out for the duration of the Agreement or until the deletion of all personal data by HoR in accordance with the Terms and Conditions.

4. Nature and purpose of personal data

HoŘ will manually and automatically process the Customer's Personal Data in order to provide Processing Services to the Customer.

5. Types of personal data

The Client's personal data may include data in Google Analytics or other similar tool, user recordings (heatmaps, screen recording), interview recordings (text form — minutes, audio track, screen recording), exports from internal databases, data from questionnaires, network logs, contact and address data, data on the activity of data subjects and any other information necessary to fulfill the purpose of the Processing Services.

6. Categories of data subjects

The Customer's personal data relate to the following categories of data subjects:

1) whose personal data the HoR collects in the course of providing the Processing Services; and/or

2) whose personal data are transferred to HoR in connection with the provision of Processing Services to the Client, at his or her direction or on behalf of the Client.
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Depending on the nature of the Processing Services, the above-mentioned categories of data subjects may include (a) employees or other collaborators of the Client, (b) members of the Customer's business bodies, (c) customers or potential customers of the Client.

7. Rights and obligations of the parties

If any third party, in particular the data subject or supervisory authority, asks any Party for any information in relation to the processing of personal data under the Agreement and/or the Terms, or in this connection exercises any other rights or claims against any Party, that Party undertakes to inform the other Party immediately of this procedure.
The Client is responsible for fulfilling all obligations in relation to the processing of the Client's Personal Data, in particular for properly informing the data subjects about the processing of the Client's Personal Data, obtaining consent to the processing of the Client's Personal Data, if necessary, handling the requests of data subjects regarding the realization of their rights (such as the right to information, access, correction, erasure, restriction of processing, objection, etc.). The Client is also responsible for fulfilling all reporting obligations towards the supervisory authority in connection with the processing of the Client's Personal Data, in particular for reporting cases of personal data security breaches.
The Client is solely responsible for familiarization with the Terms and the evaluation of the adopted security measures and obligations of the HoR with respect to the needs of the Client, especially in relation to the Client's security obligations under generally binding legal regulations.
The Client declares and agrees (taking into account the state of the art, the costs of execution, the nature, scope, context and purposes of processing as well as the various probable and different serious risks to the rights and freedoms of natural persons) that the security measures implemented and maintained by HoR, as set out in Annex C, ensure a sufficient level of protection of the Client's Personal Data with regard to the imminent risks.
If, during the processing of the Customer's Personal Data, the HoR receives any request from the data subject in relation to the Customer's Personal Data, the HoR shall inform the data subject to contact the Client directly with the request. The Client is responsible for processing such request.
In order to protect the Customer's Personal Data, HoR undertakes that during the processing of the Customer's Personal Data in accordance with the Terms and Conditions:

(a) take appropriate steps to ensure compliance with security measures by its employees, other associates or suppliers to the extent appropriate to their activities, including ensuring that persons authorised to process personal data are committed to confidentiality or are subject to a statutory duty of confidentiality;

b) in order to protect the Client's Personal Data, implement and maintain technical and organizational measures to protect against breaches of their security, specified in Annex C;

c) does not involve any other processor in the processing without the prior consent of the Client, with the exception of cloud service providers ensuring the transfer of data between the Parties, developers of HoR and subcontractors of HoR, and in case of involvement of such other processors, ensure that they comply with the Terms;

d) to the extent, proportionate to the nature of the processing and the information available to it, HoR shall assist the Client in ensuring appropriate technical and organisational measures for the security of personal data, in reporting breaches of personal data security to the supervisory authority or data subject, in assessing the impact on the protection of personal data and in prior consultations with the supervisory authority;

e) provide the Client with the necessary information that can be fairly requested from the Office, in order to fulfill the Client's obligations to respond to requests for the exercise of the rights of data subjects in accordance with generally binding legislation relating to the protection of personal data;

f) upon termination of the provision of Processing Services, delete the Customer's Personal Data, including existing copies, unless the law of the European Union or of a Member State requires them to be stored; and

g) provide the Client with all information necessary to prove that the obligations of the HoR set out in the Terms have been fulfilled and allow audits, including inspections, to be carried out by the Client or any other auditor commissioned by the Client and contribute to these audits. Audits shall be carried out in accordance with the Conditions set out in Annex D.

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ANNEX C

Precautions

The HoR has implemented and shall maintain the safety measures set out in this Annex. The HoR may update or modify these measures from time to time, provided that the updates or modifications do not lead to a decrease in the overall security of the processing of personal data.

A risk-based principle. The HoR periodically reviews the information security risks related to the Client's personal data and important assets.
Organizational security. The HoR shall take such measures to safeguard personal data against the risks of the human factor, in particular:

(a) the adoption and maintenance of internal security directives and documents;

b) regular training of staff on the rules of working with personal data and information security risks;

c) ensuring the contractual liability of employees, external collaborators, suppliers and other third parties with access to personal data; and
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d) acceptance and maintenance of processes for working with key assets of the HoR, in particular with the Client's Personal Data.
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Technical measures. The HoR shall take adequate technical measures for the protection of personal data, in particular:

a) antivirus solution to protect against malware;

(b) solutions for network security, combining firewalls, configuration of network elements and other technologies;

(c) Encryption of hard drives and external media; and

(d) backup of important infrastructure and data.
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Physical security. For the protection of personal data in writing and the physical protection of IT equipment, the HoR shall in particular implement:

(a) control of access to personal data;

b) physical security of premises and physical/digital data repositories.

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ANNEX D

Audit rules

Any request for audit shall be sent by the Client exclusively to the e-mail address Hoř my@houseofrezac.com.
Upon receipt of the request for audit, the HoR and the Client shall agree in advance on: (a) the possible date of the audit, the security measures and the method of ensuring compliance with the confidentiality obligations during the audit, and (b) the anticipated start, scope and duration of the audit and the security measures and how to ensure compliance with the confidentiality obligations during the audit.
HoR may require the Client to pay a fee (based on justified costs) for any audit requested by the Client. Prior to the start of the audit, the HoR shall inform the Client of the details regarding this fee or the method of its calculation. All costs of auditors appointed by the Client to carry out the audit shall be borne by the Client.
The HoR may object in writing to any auditor entrusted by the Client if, in the opinion of the HoR, the auditor is not sufficiently qualified, independent, in a competitive position vis-à-vis the HoR or is otherwise manifestly unsuitable. On the basis of the objection raised, the Client is obliged to commission another auditor, or to perform the audit himself.

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Appendix 1 — Limitation of the Binding of Information Provided by a Chatbot

Character of a chatbot
- The chatbot operated on the Company's website (hereinafter referred to as “Chatbot”) serves solely as a tool for searching and providing general information to users. Chatbot is not able to act on behalf of the company, provide accurate quotes, discounts or other terms and conditions.
Invalidity of information provided by chatbot
- Any information, discounts, prices, commercial offers or other data communicated through the Chatbot is non-binding and has no legal effect. The Company is not responsible for any errors, inaccuracies or out of date information provided by Chatbot.
Binding of terms and conditions
- For the implementation of commercial transactions, including the purchase of goods or services, only the information specified in the official documentation of the company, such as public business conditions, price quotes confirmed by the company's representative, or information published in other official communication channels, is binding.
Recommendations to users
- Users are obliged to verify all relevant information, regarding prices, discounts or other terms of trade, with Jan Řezač, the Company's Managing Director.