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IV. Updates, Services and Support
Provider provides phone/ email technical support in extent according to type of subscription. For more details see: Subscriptions and Pricing.
Provider is performing a development and update of LazyPhish App.
The purpose of the updates is primarily to adapt the application to the new versions of the programming languages in which the application is written.
The purpose of the development is to add new functionalities to the application. New functions and modules and their assignment for individual subscription types depend on the provider's decision.
The Provider is entitled to limit or suspend the operation of the LazyPhish application for the time strictly necessary to perform the update. The Provider is not responsible for any financial losses of the customer caused by the suspension of the application due to the update.
The provider is not responsible for the issues in relation to connecting the product to any third-party programs.
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The definition of all functional parameters of each type of subscription is provided in LazyPhish Documentation: Subscriptions and Pricing.
VII.
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If the payment for the order is not received within the due date stated in the order confirmation, the provider will send the customer a reminder by e-mail. If the provider does not receive the payment even within the specified additional period, the order for the services is automatically cancelled.
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If the customer does not fulfill its obligation to pay the price for running services in time and in full extent, the provider is entitled to suspend the provision of performance until the customer's obligation is paid in full.
VII. Duration of the contract
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The duration of the contract for the provision of LazyPhish services is defined by the existence of an active account in the LazyPhish App.
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Duration of the contract
The duration of the contract for the provision of LazyPhish services is defined by the existence of an active account in the LazyPhish App.
If the customer and his profile is not assigned to any organization or entity with active subscription of another company or If the customer does not order a subscription of LazyPhish services for his company within thirty (30) days of the expiration of the subscription services according to the last order, the account in the LazyPhish application will be deactivated and the contract for use of LazyPhish services with the customer will be terminated automatically without legal notice.
The Customer will receive email notification 30 days before the expiration of the LazyPhish subscription and 30 day before the account will be deactivated in the LazyPhish application.
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Termination of the contract can only take place on the basis of mutual written agreement of all parties involved in the contract.
The provider may terminate the contract without giving a reason. The notice period is 2 months and runs from the day following the delivery of the notice to the customer.
The provider reserves the right to transfer the contract regarding the use of LazyPhish services (without changing the contractual provisions in any other respect) to another company within the provider group; the Customer already provides to provider with his/her consent for this purpose. Provider shall notify the Customer in writing and in advance.
In the event of termination of the contract, the customer is obliged to export and back up all the data, backups and other data uploaded to the LazyPhish application.
Upon termination of the contract, the provider is obliged to return to the customer the proportional amount paid by the customer for the services, for the unused part of the subscription. For this return, the provider will use the same payment method as chosen in the original transaction, unless otherwise agreed with the customer
In the event of termination of the contract, the customer is obliged to export and back up all the data, backups and other data uploaded to the LazyPhish application.
IX. User rights, Use of data
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The Customer undertakes to ensure that the use of LazyPhish services does not violate the provisions of these T&C, legal requirements, third party rights or moral standards. This shall also apply if he/she grants third parties access to LazyPhish App or LazyPhish services.
The customer must refrain from any misuse of the application; in particular, it may not incorporate the application or any part of it into other websites, whether private or commercial, or distribute them commercially.
In the event of a breach of the obligations set out in this article, the customer is liable for any damage caused to the provider, as well as for damage caused to third parties. This is especially applicable if the customer use the service to send testing phishing emails to email addresses without the permission of the company/domain owner.
The customer must not use the provider products and services to spread Spam and Phishing that could harass the recipient or morally and mentally damage. In the event that the provider is placed on spam lists, ban lists or otherwise restricted or damaged due to unauthorised sending of Spam or Phishing by the customer, the Provider is entitled to charge the customer a contractual penalty in the amount of EUR 4,000 for each violation of the provisions of this contract.
Furthermore, the Provider is not liable for defects or damage, including interruption of service provision and loss or damage of data caused in particular by:
by entering incorrect data into the application by the customer, incorrect procedure of the customer when inserting information or files into the application or incorrect interpretation of the data presented by the service,
by infecting the customer's local network or his computers with computer viruses (spyware, malware, etc.) or a hacker attack or other similar external attack,
damage caused by a malfunction of hardware, operating system, or network, due to damage caused by a malfunction of third-party programs that run concurrently with the supplied software
force majeure, equipment failure, electric power failure, internet connection failure caused by the connection provider or attack on the network by a third party,
incorrect system operation by the customer or as a result of an attack on third-party server due to non-compliance with security standards,
infringement of copyrights, trademark rights, trade name rights and other rights protected by Czech law caused by the customer,
choosing an inappropriate password by the customer or by improper password storage,
third party to whom the customer has given access to the application or services,
not making regular backups properly.
Force majeure is an event beyond the control of the contract parties, such as a state of war, legal restrictions on exports and imports, strikes, sabotage, natural disasters, pandemics and other factors beyond the provider's reasonable discretion or reasonable control which prevents the fulfilment of the concluded contract.
Contract parties are obliged to inform the other party about the occurrence of circumstances that prevents the fulfilment of the concluded contract without undue delay, otherwise it loses the right to claim the consequences of these circumstances. At the end of these circumstances, the party concerned is obliged to immediately inform the other party of the alternative date for contract fulfilment. The Provider shall fulfill the obligation to this paragraph by publishing information on the occurrence / termination of these circumstances on its official product status page.
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Unless otherwise agreed in a specific contract, all business relations between the provider and the customer are governed by these conditions. The relevant provisions of the Copyright Act and other legal regulations governing the use of computer programs and databases and sanctions for their illegal use are not affected by the contract and these conditions.
The Provider is entitled to change these conditions. The Provider is obliged to publish a new version of the terms and conditions on its website/documentation without undue delay and send notification to the customer's e-mail address. In the event that the customer does not withdraw from the contract within 14 days, it is considered that the customer accepts these modifications of the conditions in full.
Each party is obliged to inform the other party without delay of all facts not stated in the contract that may affect the performance of obligations under the contract.
The customer is not entitled to transfer his rights and obligations under the contract, either in part or in whole.
Should individual provisions of this Agreement be ineffective or become ineffective, the effectiveness of the other provisions shall not be affected. Instead of the invalid provision, provisions shall be applied which, as far as possible, correspond to the economic purpose of the contract while adequately preserving the mutual interests.
The exclusive place of jurisdiction for all claims arising from the contract for the use of LazyPhish services is the general court competent according to the registered office of the provider.
All disputes arising from the contract for the use of LazyPhish services are governed exclusively by the law of the Czech Republic; the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
These conditions are valid and effective as of June July 1, 20212024.