General Commercial Terms and Conditions

Article I

Introductory Provisions

 

  1. The Company Piano media a. s., registered office Pribinova 25, 811 09 Bratislava, Identification No       46  103 406, registered in the Companies Register of District Court Bratislava I, section: Sa, insert no  5267/B, Tax Identification No: 2023229989, VAT Identification No: SK2023229989, bank: Tatra Banka, a.s., bank account no: 2927853825/1100 operates the System ( hereinafter referred to as „Provider“).
  2. Each person that pays Subscription fee for access to Subscribed service provided by Provider is Provider’s  Customer (hereinafter referred to as „Customer“).
  3. For the purpose of the GCTC the term System shall have the following meaning: it is the integrated set of information and communication technologies operated by Provider that allows  Customers to access the Subscribed service after they paid Subscription fee.  Provider guarantees the functionality of System at least to the extent of 97 % (hereinafter referred to as „System“).
  4. For the purpose of the GCTC the term Subscribed service shall have the following meaning: it is   an access to paid content of media websites which are  included in the current offer of Provider, published on the website www.pianomedia.sk. Having paid the subscription fee, Customers are allowed to unlimited access to the content of websites through  Provider’s System during the subscribed period (hereinafter referred to as “ Subscribed service”). 
  5. For the purpose of the GCTC the term Subscription fee shall have the following meaning: it is a financial amount paid by Customer to Provider for an access to Subscribed service during determinate period according to the current offer of  Provider (hereinafter referred to as “Subscription fee” ).
  6. For the purpose of the GCTC the term Device shall have the following meaning: it is any type of technical means that allows Internet access (hereinafter referred to as “Device”).
  7. Having paid the Subscription fee,  Customer confirms the acceptance of these GCTC.
  8. These General Commercial Terms and Conditions (hereinafter referred to as “GCTC”) stipulate the mutual rights and obligations of Provider and  Customer.

 

 

Article II

 Payment of Subscription fee and Customer’s access to Subscribed service

 

  1. Subscription fee can be paid via e-banking, payment card, Paypal, transfer from an account, SMS  payment, via third person stipulated by Provider or via other means. All prices are quoted in Euro and they include VAT.
  2. Customer is entitled to pay Subscription fee for the next period of access via regular payments that are automatically transferred from Customer’s account by  Provider, this being based upon Customer’s prior consent.
  3. Customer shall bear in mind that electronic invoice for access to Subscribed service will be sent via e-mail only upon the special request delivered to Provider.
  4. After Subscription fee is paid in compliance with these GCTC and after it is identified by   Provider, Customer shall get access to Subscribed service. If Subscription fee is paid via transfer from an account, Customer shall get access to Subscribed service at the latest the moment Subscription fee is assigned to Provider’s account and after it is identified by  Provider. 
  5. Provider is entitled to receive Subscription fee regardless of the fact whether Customer did actually use Subscribed service at all. 
  6. With the first payment of Subscription fee, Customer becomes registered in System.
  7. In case Customer doesn’t provide Provider with his e-mail address, Customer’s access to Subscribed service is available only from Device via which Customer registered to System.  In case Customer is interested in getting access to Subscribed service from any other Device, he is obliged to state the e-mail address where the access code to Subscribed service can be sent by Provider. The access code allows Customer to access Subscribed service from any Device.

 

 

Article III

The rights and obligations of Provider

 

  1. Provider is obliged to allow Customer access to Subscribed service via the System under the conditions stated in these GCTC
  2. Provider guarantees that Customer gets access to Subscribed service according to paragraph 1 of this article only in case  Customer uses access code.
  3. Provider doesn’t accept the liability for failed access to Subscribed service caused by technical properties of Device. Customer shall bear in mind that technical properties of  Device which don’t allow Customer to use Subscribed service include no JavaScript support in Device or forbiddance of JavaScript’s full functioning introduced by Customer.
  4. In case Subscription fee is paid via transfer from an account, Provider doesn’t accept the liability for assigning of the payment to Provider’s account. In this case Provider proceeds in compliance with Article II item 3 of GCTC.  
  5. Provider neither accepts the liability for content and extent of paid sections on the websites nor guarantees that during the period when Subscribed service is used the content and extent of paid sections on the websites remain identical with the content and extent that were on the website at the time of  Customer’s registration or at the time the next payment of Subscription fee should be made.
  6. Provider doesn’t accept the liability for any harm caused by unsuitability of Device, nor do they  accept liability for functioning and operation of Device.
  7. Provider doesn’t accept the liability for any harm caused by misuse of access code  assigned to Customer and/or Customer’s Device. 
  8. Provider doesn’t accept the liability for not carrying out the duties stated in these GCTC, if they couldn’t have been carried out due to objective circumstances caused by force majeure.  For the purpose of the GCTC, the circumstances that exclude Provider’s responsibility mean circumstances that don’t depend on Provider’s will and that can not be influenced by Provider.
  9. Provider is entitled to inform  Customer via e-mail and/or SMS/MMS about offers of services including promotional offers and also about the options to purchase the  service for the next period or about the necessity of Subscription fee payment for the next period of access to Subscribed service and about the current offers of services; to pursue forementioned,  Provider is given Customer’s consent. Customer is entitled to withdraw the consent mentioned in the previous sentence anytime. 
  10. Provider is entitled to suspend the access to Subscribed service temporarily without being accused of infringement of Provider’s obligation; he is allowed to do so for safety reasons; events of force majeure; upon the decisions of authorities; in order to carry out reparation works necessary for the operation, check or maintenance of System.  Provider informs   Customer about temporary suspension of the access to Subscribed service by publishing the notice on the website www.pianomedia.sk, in advance preferably, in appropriate term otherwise; at the same time Provider is obliged to state the reason and estimated time of temporary suspension of the access to Subscribed service.
  11. Customer gives Provider consent to inform Customer about Provider’s products or services or products and services of his business partners, mainly via e-mail or SMS/MMS .   Customer is entitled to withdraw the consent in writing anytime.
  12. Customer gives his  consent to Provider which allows the latter to provide third party with Customer’s data which are not personal (e-mail, telephone number); third party being in contractual relationship with  Provider and being the one via which Customer registered to  System.
  13. Provider is entitled to block Customer’s access to Subscribed service in case Customer infringes his commitment according to the Article IV item 2 or in case Provider has reasonable suspicion that access to Subscribed service based on one access code is used by more persons.
  14. In case Customer infringes his commitment according to the Article IV item 2,  Provider is allowed to claim contractual penalty 100,- EUR  from Customer for each unauthorized access to Subscribed service due to access code being published by Customer or made available to third party or as a consequence of not providing sufficient protection of access code and/or Customer’s Device against misuse by third party.  Customer is obliged to pay contractual penalty stated in the previous sentence within the 3 days from obtaining the order from  Provider. Paying of contractual penalty doesn’t affect Provider’s entitlement to claim damages.

 

 

Article IV

The rights and obligations of Customer

 

  1. Customer is entitled to access Subscribed service. Via access code, Subscribed service can be used solely by Customer. Customer is not authorized to share Subscribed service with third party or to allow free- of- charge or commercial use of Subscribed service by third party.
  2. Customer binds himself that he will not publish access code to Subscribed service by any means and he will not make it available to third party. Customer is obliged to keep access code in secret and to provide protection against its misuse by any third party. In case   Customer infringes his commitment, according to this item he/she is obliged to compensate damage caused to Provider by infringement of his commitment. 
  3. In case access code is lost, uncovered, misused or if there’s suspicion of misuse of access key, Customer is obliged to inform Provider about these fact immediately. Having received the information, Provider is obliged to assign a new access code to Subscribed service to   Customer and at the same time he is entitled to block the access to Subscribed service via original access code.
  4. Customer bears responsibility for all the information, contributions and data published by  Customer on the sections of websites within the use of Subscribed service.

 

 

Article V

Conditions and means of claiming for defects

 

  1. Customer is entitled to lodge a claim for defects in access to Subscribed services in the period within 10 days from the occurrence of defect by sending an e-mail to Provider’s address info@pianomedia.sk.
  2. Customer is obliged to state precisely what the claimed defect is and to state the period of time during which the defect occurred. 
  3. Customer’s claim is considered to be justified if the system failure occurs and Customer has no access to Subscribed service during the period longer than 48 successive hours.
  4. Provider is obliged to deliver receipt of claim for defects to Customer. If it’s not possible to deliver the receipt immediately, it has to be delivered without any further delay, however, at the latest together with the confirmation of solving of the claim; receipt of claim for defects does not have to be delivered if Customer has a chance to prove claim for defects by any other means.
  5. If  Customer’s claim is justified according to the paragraph 3,  Provider gives  Customer discount in the form of prolongation of access to Subscribed service by the period during which Customer had no access to Subscribed service due to defects. Provider is obliged to inform  Customer about solving of the claim.  

 

 

 

Final provisions

 

  1. Communication between Provider and Customer is realised in an electronic form.   Customer’s and Provider’s notifications are considered to be delivered when the confirmation of mail delivery is received.
  2. In case some provisions of these GCTC will be entirely or partly declared invalid, unenforceable or ineffective, the rest of these GCTC will be fully valid. These GCTC will be regulated and interpreted in compliance with laws of the Slovak Republic and they will be subject to exclusive jurisdiction of law courts in the Slovak Republic. These GCTC and all the modifications of these GCTC represent the whole contract between  Provider and  Customer.
  3. Supervisory authority Provider comes under is the Slovak Trade Inspection with the head office at Prievozská 32, 820 07 Bratislava.
  4. GCTC in all their extent are regulated by legal order of the Slovak Republic, also in case when Customer is not citizen of the Slovak Republic
  5. Relationships that are not stipulated by GCTC are regulated by the legal order of the Slovak Republic, mostly by the Act  513/1991 Coll. Commercial Code, by the Act 250/2007 Coll. on Consumer Protection, as amended, and by the Act  22/2004  Coll. on Electronic Commerce.
  6. Provider is entitled to change the GCTC. Amended GCTC must be published on Provider’s website www.pianomedia.sk for the period of 31 days at least. If Customer doesn’t agree with the amended GCTC, he/she is entitled to deliver the request to end the access to Subscribed service to Provider during this period. After this period, these GCTC expire and the amended GCTC come into force.
  7. These GCTC come into force and take effect as of 18 April 2011. Item III. 5 of these GCTC comes into force and takes effect as of 1 July 2011.