This License Agreement is (“the Agreement”) is concluded between NET service solution, s.r.o., registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 43430, with its registered office at Žerotínova 3056 / 81a, 787 01 Šumperk, ID number: 27849252, Tax ID : CZ27849252, Czech Republic, as the Provider on the one hand, and by the User (client) on the other hand.
This is not a purchase contract, but an agreement on the rights of the User (client).
The Agreement applies only if the Service Provider Agreement and the Software Provision Agreement are not agreed between the Provider and the User (client).
1.1. NET service solution s.r.o., as the Provider of the Agreement, declares that based on the license agreement dated July 2, 2018 concluded between Dušan Sýs, the owner of the software application “System ISPadmin” (hereinafter referred to as “ISPadmin” or “the software”), as the Provider and company NET service solution, s.r.o., as the acquirer, is entitled to use ISPadmin and is also entitled to provide ISPadmin for using by a third party (user, customer) in the form of a sublicence.
By installing or using ISPadmin, you accept all the terms and conditions of the Agreement in your name and on behalf of any legal or natural person you represent or whom you acquire ISPadmin for. Unless you agree to the terms and conditions of the Agreement, or unless otherwise agreed, do not proceed with the installation process, do not use ISPadmin and delete or destroy all copies of ISPadmin that you own or have control of.
1.2. The ISPadmin software has been developed as an administration and information system.
1.3. In general, ISPadmin can be used by the User (client) in two version models, namely:
a) implementation of ISPadmin by the User (client) in their own technical equipment provided by the User (client) and its operation in the User´s (the client’s) servers -Server license version;
b) ISPadmin operation when using the Provider´s cloud-based service – remote access to ISPadmin via the Internet – Cloud license version.
1.4. The User (client) declares that he is interested in using ISPadmin and other directly related services and the support provided by the Provider in the course of his business activities.
1.5. Both parties also agree that they conclude the Agreement as entrepreneurs within the meaning of Section 420 of the Civil Code and in connection with their business activities.
Basic subject of the agreement – granting a sublicence
2.1. Under the Agreement, the Provider grants the User (client) the right to exercise the intellectual property right (sublicence) under the terms and conditions agreed below, using the ISPadmin to the extent agreed below.
2.2. By the Agreement, the User (client) undertakes to provide the Provider for the granting of the sublicence the reward according the current pricelist depending on the license version, which he will be given a licence key for, as well as the payment of any other separately agreed services provided by the Provider to the User (client) in connection with using ISPadmin.
2.3. The sublicence under the Agreement is granted as non-exclusive and the Provider therefore remains entitled to exercise all his rights to ISPadmin and to provide sublicence to a third party. The sublicence is granted to the User (client) for a certain number of end customers, in the relevant model (Server or Cloud) with certain modules (e.g. Invoicing, Radius, Planning) based on the order (by email, in writing) by the User (client). Any changes in the number of sublicences for the User (client), or any other changes to the sublicences will be dealt with in the manner described in Article 4 (4.8). of the Agreement.
2.4. The User (client) is not entitled to provide their licence or part of the sublicence to ISPadmin to a third party without the Provider’s prior written consent.
2.5. The User (client) may assign the provided sublicense in whole or in part only with the Provider’s prior written consent. This provision also applies if the User (client) changes its legal form.
Reward for providing a sublicence; Payment Terms
3.1. The User (client) is obliged to reimburse the Provider for the provision of the sublicence. The amount of remuneration for the sublicence is given by the current Price list published on the Internet at www.ispadmin.eu (hereinafter referred to as the Price list) and depends on the version (sublicense Server or sublicence Cloud), number of sublicences and active modules (e.g. Planning, Invoicing, Radius, etc.). The sublicence ordered by the User (client) from the Provider and which the license key will be given for and handed over by the Provider. If the number of sublicences has been extended or reduced, the User (client) is obliged to pay the Provider the reward according to the actual number of sublicences as per the price list.
The regular payment of the subscription fee includes the price for the ISPadmin update.
3.2. The Provider is entitled to change the Price list and the amount of remuneration specified in the Price list. The new Price list is effective for the User (client) on the day of its issue. The amount of remuneration according to the Provider’s valid price list is valid from July 1, 2018 and is guaranteed by the Provider for at least 5 (five) years, i.e. until June 30, 2023. The Provider is entitled to change the price list unilaterally after the guaranteed period expires. Any change in the service Price list will be announced by the Provider on the product website (www.ispadmin.eu).
3.3. The financial settlement under the Agreement, i.e. the fee for the provision of ISPadmin (Article 3.1. of the Agreement), the User (client) is obliged to pay to the Provider on an invoice issued, containing the requirements of a tax document complying with the applicable legal regulations. The invoice due period is 10 calendar days from the date of issue. The User (client) is obliged to provide financial settlement to the bank account specified on the invoice issued by the Provider; the day of payment of the financial settlement means the crediting of the invoiced amount to the agreed bank account.
Other rights and obligations of the parties
4.1. Upon payment of the first invoice made by the User (client) for the lease of the software issued by the Provider, the Provider undertakes to allow the User (client) to use the software ISPadmin. The Provider’s obligation under the previous sentence shall be deemed to have been completed by the installation of ISPadmin, the transfer of the License or using the Software Product at the moment that happens at the earliest. The Provider will provide the User (client) with a unique license key for using the ISPadmin, under which the Provider will register the sublicence of the User (client). A unique license key is provided to the User (ordering party) throughout the term of the Agreement.
4.2. The User (client) declares that they have been duly and fully acquainted by the Provider with the particular functions of ISPadmin and with its proper operation to the extent necessary for its use. The User (client) is fully aware of the ISPadmin functions and options and its limitations, and undertakes to use ISPadmin only in the manner recommended by the Provider.
4.3. The User (client) expressly acknowledges and agrees that the Provider is not responsible for the correctness and completeness of the data entered into the ISPadmin by the User (client).
4.4. By using the ISPadmin Software by the User (client), the Provider assumes no liability for its own legal or even de facto behaviour of the User (client) in connection with the User´s (Client´s) activities carried out and their production processes or business decisions, even if they have been made by using ISPadmin. The User (the Client) expressly and fully waives the Provider for compensation and any other damage that the User (client) or the third party may incur in connection with using the ISPadmin software and other services of the Provider under the Agreement. The User (client) understands that the use of ISPadmin does not replace the human decision-making element.
4.5. The Contracting Parties undertake to inform each other of all the facts relevant to the performance provided under the Agreement and to provide each other with the necessary cooperation.
4.6. The Provider undertakes to issue the User (client) a license key for the ordered version of the sublicence or its extension no later than 10 days after the payment of the fee for providing the sublicence or its extension made by the User (client) and to provide further necessary cooperation necessary to start using the ISPadmin by the User (client). In particular, the provision of an installation CD / DVD, software download access or other forms of software distribution as well as the installation and activation of the ISPadmin software. The number of the User´s (client´s) customers is limited by the relevant version of the sublicence, which the User (client) ordered from the Provider and which he has received a license key for from the Provider. To this extent, the software may be used by the User´s (client´s) employees and the number of accesses to the server software installation is not limited.
4.7. For trouble-free running of the software in the Server version, the User (client) is obliged to follow the recommended system requirements (HW configuration) provided by the Provider, which depends on the number of sublicences, modules or devices used in the client’s network (the User´s).
4.8. The extension or reduction of the number of sublicences for the User (client) is solved through the Helpdesk system based on mutual approval by means of an email communication between the Provider and the User (client), exclusively via the Provider’s email address specified in Article 5.4. The quotation is governed by the Provider’s valid Price list stated on the product website (www.ispadmin.eu).
Similarly, other changes in the sublicence provided to the User (client) will also be solved (e.g. change of sublicense Server” to sublicense Cloud, extension or reduction of the modules of the
ISPadmin system, etc.)
4.9. In case of breach of any of the obligations of the User (client) contained in this Article IV. of the Agreement, or in case of non-payment of the remuneration for the provision of a sublicence by
the User (client) pursuant to paragraph 4.10. of this article the Provider is entitled to prevent the User (client) from continuing to use the software without prior notice.
4.10. If the User (client) is in delay with the payment of the fee for the sublicence on the last day of the calendar month in which the relevant invoice was issued by the Provider, the Provider is entitled to one-sided interruption, or shutdown of the ISPadmin service to the User (client) immediately from the first day of the following calendar month. The re-use of ISPadmin will only be allowed to the User (client) after payment of outstanding payments to the Provider, unless both Parties agree otherwise.
4.11. If the agreement is withdrawn, or use of the software is stopped or limited in its functionality, the User (client) is not entitled to get back the remuneration paid for the provided sublicence or its extension.
4.12. The User is not authorized to use the software for other purposes than for the User’s needs, including installation on computers used by the User and using the software by the client’s
employees. Furthermore, the User may not modify, supplement or disseminate the provided software (in particular the source code of the system), copy it in whole or in part, or interfere in any
way or examine it. Similarly, the ISPadmin database structure is not allowed to be modified, supplemented, extended or copied in any way.
Furthermore, to lease or lend the original software or copies of the software and use it outside the territory for which the sublicence was provided, i.e. for the territory specified by the ISO code. The provisions of this paragraph of the agreement also apply to the installation (trial) version of the software available in the sublicensee website.
4.13. The Provider provides continuous updates of the ISPadmin software. Updating for the purposes of the Agreement means providing an updated or new version of the software through the
Web Portal or otherwise agreed upon. This service does not include the installation of the software, except the Cloud service provided by the Provider. The update is a mandatory part of the software for the entire period of the use of the system by the User (client) and the User (client) is entitled to carry out the update themselves within the provided license. In particular, the individual versions of the ISPadmin software include: -legislative changes, – currently updated and expanded standard functions, -extended functionality of a general nature according to the development plan, -modifications as a result of changes in information technology, -repairs resulting in removing specific defects.
4.14. The Provider disclaims the responsibility for the functionality of the software, as well as its correct compatibility with the applicable generally binding legal regulations in the event that the User does not use the Update service.
4.15. The Provider provides backups of the system only to the Users (clients) in the Cloud version. Backups are made daily from 01:00 to 04:00. The complete database is backed up for thirty days. It is possible to restore a complete installation from this backup.
5.1. The User (client) is entitled to technical support for ISPadmin to the extent that the User (client) orders – Technical support by the Provider has 3 options.
5.2. The fees for each technical support option and detailed specification are listed in the Provider’s official price list.
5.3. Technical support does not include training that is charged separately. The amount of remuneration for the provision of training for the User (client) is given by the current price list.
5.4. Only the Helpdesk system of the Provider is assigned for receiving and recording the history of solution of queries and requests, which is set as the only demonstrable way of handing over the requirements of the User (client). It is reserved for the notification and sending requests for service intervention for the User (client).
The following departments are designated for this purpose:
Sales Department – e-mail: firstname.lastname@example.org
Contact for sending business queries and inquiries
Technical Department – e-mail: email@example.com
Contact for technical queries or service requests
The queries or requests reported by phone or sent to a contact other than the above e-mail addresses may not be taken into account and feedback is not guaranteed.
5.5. Technical support, including service interventions, is only possible on the latest software version available on the day of the service request. If the User (client) does not have the latest software version available when the service is ordered, the Technical Department of the Provider shall inform them about the possibilities of arranging the remedy before performing the service intervention.
5.6. The User (client) is obliged to back up all existing data and software prior to providing technical support. The Provider assumes no responsibility for damage or loss of the data, property, software or hardware or lost profits in providing technical support. The Provider reserves the right to refuse, suspend or terminate the provision of technical support at their sole discretion.
Duration of the Agreement
6.1. The Agreement is concluded for an unlimited period.
6.2. The Agreement may be terminated by agreement of the parties in an e-mail form, with the effects of the termination of the Agreement occurring at the time specified in such Agreement.
6.3. The Agreement may also be terminated by notice of one of the parties without giving any reason within one month’s notice. The notice period begins on the first day of the calendar month following the month in which the notice was delivered to the other party.
6.4. The provisions of paragraph 6.1., 6.2. and 6.3. in this Article of the Agreement do not affect the
right of withdrawal from the Agreement in accordance with applicable law or the Agreement, in
particular if a contracting party violates the Agreement in a material manner.
6.5. The Agreement shall be terminated upon receipt of the notice of withdrawal by the other Party. When using the Server version, withdrawal of the Agreement shall terminate the sublicence of the
User (client) to the Software, who is obliged to terminate using the software immediately provided that the Provider is entitled to prevent the User (client) from using it through remote access.
When using the Cloud version, the software will only be available to the User (client) in read-only mode. This means that the Cloud version user will not be allowed to create, edit, read or modify the system and they will lose the Provider’s support for updates and technical support. After three months, the User’s database will be deleted (Cloud version).
6.6. On the date of termination of the Agreement, all rights to use the Software Product provided to the User (client) shall terminate and in such case the User (client) must remove all software product installations from their own device, including accessories (the Server version).
7.1. The Agreement becomes valid on 02/07/ 2018.
7.2. The Sublicensee reserves the right to amend the Agreement with effect from the date of publication on their website.
7.3. All documents intended for the sublicence provider in connection with the Agreement must be sent by the User (client) exclusively to:
NET service solution, s.r.o., Žerotínova 3056 / 81A, 787 01 Šumperk, Czech Republic
or by e-mail to firstname.lastname@example.org
7.4. Mutual legal relations between the Provider and the User (client), which are not regulated here, are governed by the relevant legal regulations of the Czech Republic, in particular Act No. 89/2012 Coll., The Civil Code, as amended.
7.5. In case that any provision herein is or becomes invalid or ineffective, the remaining provisions of the Agreement shall remain valid and effective. The Provider undertakes to replace the invalid or ineffective provision of the Agreement with the other valid and effective provision which corresponds best to the content and meaning of the original provision.
7.6. The User (client) declares that they accept the terms of the Agreement freely, seriously and not in distress under strikingly disadvantageous conditions, that they consider the content of the Agreement to be definite and understandable and that they are aware of all the facts that are decisive for compliance with the Agreement.
If the User (client) does not agree with some of the provisions of the Agreement, they must not continue using the Software.
Specification of provided services
System Support – Includes system support services from the Provider
Technical support – it is a service provided by the Provider for solving the User’s (client’s) requirements through Helpdesk, email and remote access
Product – Equipment and software supplied by the Provider to the User (client) under the Agreement
Service intervention – repair or modification in the system made by the Provider
System – “ISPadmin” – a functional unit created from the Products
Sublicense – customer contact created in ISPadmin
Request – User´s (client´s) request for technical support to the Provider
Applicant – employee of the User (client) authorized to place a Request
Remote access – it is a service by which the Provider’s worker connects to the User´s (Client´s) server via a secure connection
Emergency – it is such a failure when the Product is completely or partially out of order, fails to perform its basic function and cannot be put into partial or substitute operation.
Provider’s Working Hours – On Business Days from 8:00 am to 3:00 pm (CET, CEST)
Time to start repairs – guaranteed time to begin work to fix a problem; it is measured from a demonstrable report of the defect.
Repair period – maximum duration of a repair; it is measured from the start of the repair
The works are started at the time – the Provider’s working time, when problems can be reported and during which repairs are made.