General terms and conditions for hub by profid clients

In addition to the terms defined in other sections of these general terms and conditions, the following terms below shall have the meaning as follows:

1.1. Company

Hub by profid s.r.o., ID. No.: 17938279, with its registered office at Modřínová 1432/75, Kobylisy, 182 00 Prague 8, registered in the Commercial Register kept by the Municipal Court in Prague under file No C 378988, which owns and operates the Platform;

1.2. Partner

an individual providing the Accounting Services in connection with the use of the Platform. The Partner is an independent entrepreneur, an advisor providing the Accounting Services, i.e., a business individual or legal entity with a valid trade license under Act No. 455/1991 Coll., on Trade Licensing (the “Trade Licensing Act”), as amended, for the provision of services in the field of accounting advisors, accounting management, tax record keeping;

1.3. Agreement

a cooperation agreement concluded between the Company, the Partner, and the Client regarding the rights and obligations of the parties related to cooperation in the provision of Services through and/or by using the Platform, consisting mainly of these General Terms and Conditions for Hub by Profid Clients, as well as any Special Conditions, e.g., regarding pricing information or service descriptions; and Client Instructions issued by the Company;

1.4. Platform

a communication and technical interface named Hub by Profid, facilitating the provision of the Accounting Services between the Client and the Partner, communication between Clients and the Partners and the Company related to the provision of the Services, including the transfer of documents between the involved parties, notably an accounting software, a customer portal, an email account, and a secure data storage;

1.5. Account

access to the Platform interface (web pages/systems) containing information and documents related to the provision of Services. The Client, or a person designated by the Client, can log in to the web pages/systems of the Account by entering a username and a password;

1.6. Client

an individual who requests (orders) the Services provided through and/or by using the Platform;

1.7. Services

services and activities provided through and/or by using the Platform by the Company and/or the Partners, including the provision of the Accounting Services, operation and maintenance of the Platform, payment service, customer support, ensuring communication between the Client and the Partner, and other similar and/or related services;

1.8. Accounting services

all advisory services related to accounting and tax record keeping as defined by applicable legal regulations, particularly the content of the business activities of accounting advisors, accounting management, tax record keeping, provided by the Partner to the Client; the Client acknowledges that the provided services do not include the provision of tax consultancy or audit services;

1.9. Remuneration

the price that the Client is obligated to pay for the provision of the Services, including the provision of the Accounting Services by the Partner.

2.1.

The Company provides its Services through the Platform, including the facilitation of the Accounting Services. The provision of the Accounting Services is carried out by the Partners based on the Agreement. The Partners provide the Accounting Services independently as self-employed contractors, assuming full responsibility. Disputes arising from consumer rights or compliance with legal regulations governing the provision of the Accounting Services are exclusively resolved between the Partner and the Client. The Client also acknowledges and declares that the Company is in no way responsible for any performance, its quality, timeliness, or any other rights or obligations agreed upon or arising from the relationship between the Client and the Partner (the Company is not a contractual party or participant obligated to any performance or responsible for any performance in this relationship).

2.2.

To engage the Client in the Platform and commence its use, the Client must enter into the Agreement. By entering into the Agreement, the Client declares and ensures that they have carefully read these general terms and conditions, including the definition of all obligations arising from them, fully understand them, and agree to be bound by them. Simultaneously, by entering into the Agreement, the Client declares that all information provided to the Company is accurate, correct, and complete. The Client will consistently maintain accurate data and information on the Account and update it regularly. The Client will not allow any other individuals to use the Account, transfer the Account to any other person, or assign the Account to any other person. The Services provided by the Company will not be used for unauthorized or unlawful purposes, and the proper functioning of the Platform will not be disrupted.

2.3.

By using the Platform, the Client expressly agrees with the wording of these general terms and conditions and undertakes to adhere to them.

2.4.

The Client further agrees that the Company may assign some or all of its rights and obligations arising from these general terms and conditions to a third party.

2.5.

The Client is not entitled to transfer or assign any of their rights or obligations, in whole or in part, arising from these general terms and conditions to any third party without the prior consent of the Company. The Client is not authorized to assign any claim against the Company or encumber such a claim in any way without the prior consent of the Company.

3.1.

If the Client orders the Accounting Services through and/or by using the Platform, and the Partner agrees to accept the order, the Accounting Services within the defined scope are considered ordered.

3.2.

Once the Partner confirms the provision of the Accounting Services, a separate contract for the provision of the Accounting Services is concluded between the Client and the Partner. The subject and conditions of provision are determined by an agreement between the Partner and the Client. The Company does not guarantee the provision of the Accounting Services and is not a party to the agreement concluded between the Client and the Partner.

3.3.

The Client is entitled to cancel an order for the Accounting Services that the Partner has accepted. In such a case, the Partner is entitled to compensation for the cancelled order of the Accounting Services (cancellation fee) if the Client cancels the request for the Accounting Services after a certain period, during which the Partner has already commenced processing the relevant order, based on the extent of the output processed so far (especially based on the default basic rates of the relevant Accounting Services and the time spent in vain).

3.4.

The ordering of the Accounting Services can take place by concluding a separate written Cooperation Agreement or using the Platform in accordance with Article 3 of these general terms and conditions.

4.1.

Subject to compliance with these general terms and conditions, the Client is entitled to use the Platform under a free, revocable, and non-exclusive right in accordance with these general terms and conditions and the Privacy Policy. The Client is not authorized to transfer or sublicense this right to use the Platform.

4.2.

During the use of the Platform and/or the Account, the Client commits not to: decompile, reverse engineer, or otherwise attempt to derive the source code of the Platform, the Account, or any other software component; modify the Platform or the Account in any way (except for updating Client data); use modified versions of the Platform or the Account; send or transmit files containing viruses, corrupted files, or any other programs that may damage or adversely affect the functionality of the Platform; attempt to gain unauthorized access to the Platform, the Account, or any other services of the Company.

4.3.

All copyrights and trademarks, including source code, databases, logs, and visual style, are owned by the Company, and are protected by copyright, trademark, and/or trade secret laws. By using the Platform or any other services of the Company, the Partner does not acquire any ownership rights to any intellectual property.

4.4.

The Company is entitled to suspend or terminate the operation of the Platform and the related Account at any time and without prior notice. The Company reserves the right to block or delete any data, messages, information, or links containing such data that is inaccurate, nonsensical, unrealistic (e.g., unrelated to the Services, containing fictional data, political or other opinions, vulgarities, etc.), or violates these general terms and conditions or legal regulations. The Company is not obliged to inform the Client independently about the decision to block or delete any data, message, information, or link, as well as the implementation of such a decision.

4.5.

Detailed information and instructions for using the Platform, which the Client undertakes to adhere to, are provided on the relevant interfaces of the Platform.

4.6.

In the event of unauthorized handling of login credentials or their misuse, the Client is obliged to inform the Company immediately. The Company bears no responsibility for any misuse of the Client’s login credentials for the Account, or for any potential harm or claims by third parties resulting from a breach of the Client’s obligations mentioned above.

5.1.

The Client acknowledges and agrees that the Platform is made available to them “as it is” and “as it is available.” The Company does not declare, guarantee, or warrant that access to the Platform will function without interruption, limitation, or errors. In such cases, the Company will seek to remedy these as soon as possible. The Client acknowledges that the functioning of the Platform may be limited due to occasional technical errors, and the Company is unable to guarantee or warrant that the Platform will function under all circumstances. Given that the use of the Platform for ordering the provision of the Services depends on the Partner’s behaviour, the Company does not guarantee that the use of the Platform will lead to any orders for the provision of the Accounting Services.

5.2.

The Company, its representatives, or employees are not liable for any damage that may occur to the Client in connection with the use of the Platform. In this context, the Company specifically disclaims any liability for any direct or indirect property damage or financial damage, loss of profit, loss of customers, orders, contacts, damage to reputation, loss or inaccuracy of data, or any other type of damage.

5.3.

The Company is not responsible for the actions or inactions of the Partner and is not obligated to compensate for any losses or damages that may occur to the Client because of the actions or inactions of the Partner.

5.4.

The Company is only responsible for the quality of the provided Accounting Services to the extent of the obligations of a mediator. In addition to fulfilling legal obligations, the Company does not guarantee or assume any responsibility for the quality and flawlessness of the provision of the Accounting Services provided by the Partners as entities independent of the Company.

5.5.

The Company also does not guarantee that the order for the Accounting Services by the Client will be accepted by the Partner, as it depends solely on their behaviour and independent activity.

5.6.

The Client undertakes to fully indemnify and release the Company, its representatives, or its employees from any claims or damages arising from the Client’s use of the Platform or the utilization of the Accounting Services ordered by the Client through and/or with the use of the Platform.

5.7.

The Company is entitled to terminate the use of the Platform by the Client immediately, without stating a reason, especially in the event of a breach of these general terms and conditions by the Client.

6.1.

In consideration of the use of the Platform and the provided Services (including the Accounting Services), the Client agrees to pay a remuneration. The remuneration is specified in the concluded Agreement. The Client acknowledges and agrees that the remuneration may change and may also vary for different Accounting Services and may not be consistently the same.

6.2.

The remuneration and any additional amounts due to the Company and/or the Partner are invoiced for each elapsed calendar month, unless otherwise agreed, and are due no later than the 15th day from the issuance of the invoice to the Company’s account as specified in the invoice. In case of delay in the payment of the remuneration or any other amount due, the Client is obliged to pay a contractual penalty of 0.3% of the unpaid amount for each day of delay. In addition to the overdue amount and the contractual penalty, the Client is required to cover all costs related to the collection of the claim against the Client, including any costs for legal representation to enforce such a claim.

6.3.

The Client may settle the remuneration by a bank transfer to the Company’s bank account or, at its explicit request, in cash.

7.1.

The Client and the Company are entitled to terminate the Agreement at any time, without stating a reason, with a two-month notice period running from the month following the month in which a written notice is delivered to the other party.

7.2.

The Company is entitled to terminate the Agreement without notice (with immediate effect) and restrict (block) the Client’s access to the Platform and/or the Account without prior notice if the Client violates these general terms and conditions or the Agreement, or applicable legal regulations. In such cases, the Company also has the right, at its sole discretion, to prohibit the registration of a new Account and/or any other use of the Platform.

8.1.

The Partner acknowledges that the Company may process selected personal data in accordance with the Privacy Policy document available at https://www.hub-by-profid.cz/en/privacy-policy.

9.1.

It is deemed that changes to these general terms and conditions come into effect when communicated to the Client by email, through the Platform, and/or the Account, and the Client continues to use them (i.e., the Client does not express disagreement with the change).

10.1.

These general terms and conditions are governed and interpreted in accordance with the laws of the Czech Republic. If a dispute arising from these general terms and conditions cannot be resolved amicably, the dispute will be decided by the competent court, both in terms of subject matter and location.

10.2.

In the event of a dispute between the consumer and the Company and/or the Partner, the consumer may use the possibility of out-of-court resolution of consumer disputes at the Czech Trade Inspection (in Czech: Česká obchodní inspekce) (http://www.coi.cz). Rules for the resolution of consumer disputes are provided on the Czech Trade Inspection’s website. Out-of-court resolution of consumer disputes is also possible through the European Commission’s platform at https://webgate.ec.europa.eu/odr/.

11.1.

The Client undertakes to promptly inform the Company of any changes in their contact details or any other information relevant to the fulfilment of obligations under these general terms and conditions.

11.2.

11.2. Notifications to be made under these general terms and conditions will be considered valid if: (i) delivered in person, (ii) sent by registered mail, made available through the Platform and/or the Account, or (iv) sent via the data message of the data box information system. It shall be deemed that a notification sent in accordance with this clause was delivered: (i) in the case of personal delivery, at the moment of delivery to the other party, (ii) in the case of sending by registered mail, on the day specified by the postal service provider as the day the submission containing the notification was delivered to the other party or the storage of the shipment was notified, (iii) in the case of availability through the Platform and/or the Account on the day of availability, or (iv) in the case of sending via the data message of the data box information system on the day specified by the provider as the day the submission containing the notification was delivered to the other party.