General Terms and Conditions

I. Introductory Provisions

1.1. The General Terms and Conditions (hereafter referred to as the "Terms") outline Ackermann & Partners s.r.o.'s procedure for providing services (hereafter referred to as the "Service") they provide to commercial entities (hereafter referred to as the "Client") wishing to enter certain markets.

1.2 The present Terms regulate the Services provided by Ackermann & Partners s.r.o. in the Czech Republic and abroad.

II. Definition of Terms

Seat of the company Ackermann & Partners s.r.o.: Zirkon Office Centrum, Sokolovská 131/86, 186 00 Prague 8, Karlín;
Registered office of Ackermann & Partners s.r.o.: Zirkon Office Centrum, Sokolovská 131/86, 186 00 Prague 8, Karlín;
Client – Commercial entity requesting Services;
Service Offer – Current valid list of offered Services;
Offer – Processed Client's inquiry;
Order – Binding inquiry for Services by the Client;
Service – An executed order provided to the Client upon the Client's order;
Electronic on-line products and services – Online forms of Ackermann & Partners s.r.o.

III. General Terms and Conditions for the Provision of the Service

3.1 The current Service Offer provided by Ackermann & Partners s.r.o. contains the relevant Service; it is published under the Services tab on the Ackermann & Partners s.r.o. website (see: https://www.ruskaviza.cz). Ackermann & Partners s.r.o. reserves the right to amend this Offer subject to changes in the conditions and circumstances beyond its control (e.g. force majeure), and due to the continuous development of the services.

3.2 Current prices for individual Service are published as follows:

The price of Consulting and Assistance Service provided by Ackermann & Partners s.r.o. is subject to the set hourly rate specified in the annexes to the cooperation agreement;
The price of online electronic products and services always includes all fees (consular and service fees) and VAT unless otherwise stated in the Service.

3.3 Any Client exporting or intending to export their goods or services to foreign markets may obtain the Export Support Service provided that the following conditions are met:

IV. Ordering the Service

4.1. The Client shall submit to Ackermann & Partners s.r.o. an Order for the services offered by Ackermann & Partners s.r.o. in the form of an online order (see: https://www.ruskaviza.cz), by e-mail or in person at all the official contact points of Ackermann & Partners s.r.o., i.e., at their headquarters or foreign representative office.

V. Concluding the Contractual Relationship

5.1 The contractual relationship between Ackermann & Partners s.r.o. as the provider and the Client as the customer shall be deemed to have been established on the date when the Client has accepted the offer for consulting and assistance services in a verifiable manner. In the case of electronic online orders and services, the contractual relationship is established when the Client accepts the order. The service ordered by telephone shall be subsequently confirmed either by e-mail by the Client or in person at all official contact points of Ackermann & Partners s.r.o., i.e., at their registered office or foreign representative office.

5.2 In accordance with the General Terms and Conditions, Ackermann & Partners s.r.o. is obliged to provide the requested Services as soon as the Client has paid the invoice or used an otherwise pre-agreed payment method.

5.3 Unless otherwise specified by Ackermann & Partners s.r.o., each execution of the requested Service shall constitute a separate contractual relationship between Ackermann & Partners s.r.o. and the Client, which shall be carried out in accordance with the General Terms and Conditions or the methodological instruction applicable to the relevant Service.

5.4 Should circumstances arise that partially or completely prevent the fulfilment of the obligations under the Terms and Conditions or the Contract, the Contracting Party affected by a force majeure shall notify the other Contracting Party thereof; and they shall jointly take appropriate steps to remedy such circumstances.

VI. Rights and Obligations of the Client

6.1 When ordering the Services, the Client is obliged to provide all the data (including personal data), exactly according to the requirements of the specific type of service they are requesting and which are listed as mandatory in the order form for the given Service. Upon receiving the order, the Client is provided with an acknowledgement of receipt and asked to reconcile the information provided in the Order to avoid any omissions therein. Immediately upon receiving the ordered and executed Services, the Client is obliged to double-check the accuracy of the data provided. Later notifications shall be disregarded.

6.2 The Client is obliged to pay the price of the Service in advance based on the invoice issued by Ackermann & Partners s.r.o., delivered in person or sent by e-mail, unless otherwise agreed in the Order.

6.3 Upon receiving acknowledgement of Ackermann & Partners s.r.o.'s acceptance of the Order, the Client shall send the required documents (necessary to secure the Service) to the central office of Ackermann & Partners s.r.o. (or to any other contact point of Ackermann & Partners s.r.o. or foreign representative office agreed in advance) without undue delay. The Client acknowledges that the relevant representative office may require the submission of additional documents in the course of the proceedings; Ackermann & Partners s.r.o. shall notify the Client of such a request. The Client is obliged to submit such additional documents without delay.

6.4 If the Client decides to withdraw the Order after submitting it, or to terminate the contract with Ackermann & Partners s.r.o. before the ordered Services have been performed, Ackermann & Partners s.r.o. is entitled to reimbursement of a proportionate part of the remuneration for the acts performed corresponding to the costs incurred; the minimum amount, however, is CZK 1,000 excluding VAT.

6.5 If the Client subsequently cancels an online Order after the deadline for crediting the Client's payment for the Service to the account of Ackermann & Partners s.r.o. and Ackermann & Partners s.r.o. refunds the said payment to the Client, Ackermann & Partners s.r.o. is entitled to charge the Client a cancellation fee in the amount corresponding to the costs incurred, but not less than CZK 1,000, excluding VAT.

6.6. The Client is obliged to take back their travel document, passport or other personal documents (hereafter referred to as the "Documents"), which were they submitted to Ackermann & Partners s.r.o. for the purpose of providing the ordered Service, provided that the relevant Document was necessary for the selected type of service, in due time and within a specified period of time, but no later than ten (10) days after they have been notified about the execution of the ordered Service. If the Client does not take back the provided Document within the stipulated term, Ackermann & Partners s.r.o. will store it in a bank safe deposit box to protect the Client's personal data. Consecutively. The Client will be charged a storage fee of CZK 500, incl. VAT, for each month commenced.

6.7 The Client shall have the right to commence a complaint procedure if they have any objections to the performance of a given Service. The purpose of the complaint procedure is to compare the conformity between the content of the accepted Service pursuant to paragraph 5.1 of the General Terms and Conditions and the delivered performance.

VII. Rights and Obligations of Ackermann & Partners s.r.o.

7.1 Ackermann & Partners s.r.o. is entitled to remuneration for the services provided to the Client in accordance with Article VIII of the General Terms and Conditions.

7.2 Ackermann & Partners s.r.o. is entitled to require the Client's cooperation to perform the agreed Service, provided that the nature of the Service so requires.

7.3 Ackermann & Partners s.r.o. shall protect the interests of the Client they have been aware of when arranging the Service and shall notify the Client of any circumstances that may affect the Client's change of Orders.

7.4 Ackermann & Partners s.r.o. shall ensure the confidentiality of the Client's confidential information that they have obtained in the usual way to ensure the confidentiality of such data. This obligation shall continue to apply after the termination of the contractual relationship with the Client.

7.5 Ackermann & Partners s.r.o. has the right, in agreement with the Client, to entrust the provision of the required assistance and consultancy services to another entity. Ackermann & Partners s.r.o. shall remain responsible for the quality of the Service.

7.6 Ackermann & Partners s.r.o. is entitled, at their own discretion, to suspend or refuse the provision of a Service requested by the Client, for example, if the provision of a particular Service is prevented by special circumstances (e.g. force majeure) or if the provision of the particular Service would entail significantly higher costs that could not be foreseen by Ackermann & Partners s.r.o. at the time of confirming the Order for the particular Service.

VIII. Remuneration for the Service and Payment Terms

8.1 Ackermann & Partners s.r.o.'s remuneration for the Service provided shall be subject to the applicable prices specified in the relevant Offer in relation to paragraph 3.2 of the General Terms and Conditions.

8.2 Ackermann & Partners s.r.o. reserves the right to request payment of the remuneration based on the invoice issued to the Client in accordance with paragraph 5.2 of the General Terms and Conditions, with the due date depending on the nature of the Service ordered (express, standard, etc.).

IX. Use of the Service Provided

9.1 Ackermann & Partners s.r.o. allows the Client to use the Service provided only for their own personal use. The Client is expressly forbidden to provide the Service (whether or not for consideration) to any third party without the prior written consent of Ackermann & Partners s.r.o.

9.2 Ackermann & Partners s.r.o. reserves the copyright and any other intellectual property rights to the Service provided.

X. Warranty and Complaint Procedure

10.1 Ackermann & Partners s.r.o.'s liability for the Services shall be governed by the generally binding laws of the Czech Republic. Ackermann & Partners s.r.o. is entitled to adjust the warranty conditions of different types of Services in various ways.

10.2 Should the Client make written objections to the Services provided, the Client is entitled to request an investigation by submitting a written request to Ackermann & Partners s.r.o. within 15 days of the performance of the Services in question.

10.3 Ackermann & Partners s.r.o. shall decide on the claim or complaint within 30 days of receiving the Client's request.

XI. Cancellations

11.1 If the Client cancels an order or fails to comply with the terms of the contract after the contract between the Client and Ackermann & Partners s.r.o. has been concluded, the procedure shall be as set out in paragraphs 6.4 and 6.5 of these Terms and Conditions.

XII. Sanctions

12.1 Ackermann & Partners s.r.o. is entitled to impose a contractual penalty if the Client has transferred the Service provided by Ackermann & Partners s.r.o. to third parties without the prior written consent of Ackermann & Partners s.r.o. In such a case, Ackermann & Partners s.r.o. is entitled to demand a contractual penalty from the Client in the amount of CZK 200,000 excluding VAT.

12.2 Ackermann & Partners s.r.o. may impose the contractual penalty repeatedly. Payment of the contractual penalty shall not affect the right of Ackermann & Partners s.r.o. to compensation for damages.

12.3 If the Client has demonstrably damaged the reputation of Ackermann & Partners s.r.o., Ackermann & Partners s.r.o. is entitled to demand payment of a contractual penalty of CZK 100,000 excluding VAT. Payment of the contractual penalty shall not affect the right of Ackermann & Partners s.r.o. to compensation for damages.

12.4 Should the Client be in default of payment for the Service, Ackermann & Partners s.r.o. is entitled to demand from the Client default interest at the statutory rate. The assertion of a claim for default interest shall not affect Ackermann & Partners s.r.o.'s claim for damages.

XIII. Final Provisions

13.1 The present General Terms and Conditions form an integral part of the contractual relationship between Ackermann & Partners s.r.o. and the Client.

13.2 Relations not explicitly regulated by the General Terms and Conditions shall be governed by the generally binding laws of the Czech Republic, in particular the Commercial Code.

13.3 All disputes arising out of or in connection with the provision of the Services to the Client that cannot be resolved amicably shall be resolved conclusively in arbitration proceedings to the exclusion of the general courts pursuant to Act No. 216/1994 Coll., as amended, by the Arbitration Court of the Czech Chamber of Commerce and the Czech Chamber of Agriculture pursuant to their Rules by a single arbitrator appointed by the President of the Arbitration Court. The hearing venue shall be Prague, and the procedural language shall be Czech.

13.4 The present General Terms and Conditions of Ackermann & Partners s.r.o. shall apply with effect from November 1st, 2015, for an indefinite period or until revoked by Ackermann & Partners s.r.o. and replaced by new General Terms and Conditions at the sole discretion of Ackermann & Partners s.r.o.