Legal information
General terms and conditions
This is an English translation provided for convenience. The Czech version is legally binding.
We work exclusively for companies and organisations, and agree the scope, price and terms of every project individually. These terms therefore only supplement your contract or confirmed order. They apply wherever you and we have not agreed otherwise.
01Introduction
- These general terms and conditions (the “terms”) are issued by Stable & Secure s.r.o., Company ID 07549911, registered office at Jiráskova 297/14, 779 00 Olomouc, Czech Republic, registered in the Commercial Register at the Regional Court in Ostrava, section C, file 76222 (the “supplier”).
- The terms govern relations between the supplier and its customers (the “customer”) in the supply of goods, works and services, in particular network design and management, data centre construction, maintenance, cybersecurity, software development, automation and installation.
- The supplier enters into contracts only with entrepreneurs and legal entities in connection with their business or similar activity. The terms do not apply to consumers.
- Provisions of a contract, confirmed order or other written agreement always take precedence over these terms. The customer's own terms and conditions apply only if the supplier expressly agrees to them in writing.
02Conclusion of contract
- Information on the supplier's website is for information only and does not constitute an offer to conclude a contract.
- A contract is concluded by signing it or by the supplier's written (including e-mail) confirmation of an order. For urgent service work, a contract is also concluded when the supplier starts the work at the customer's request.
- The supplier's quotation is valid for 30 days from being sent, unless stated otherwise in it.
03Price and payment
- The price is set by the contract or the quotation. Work not included in the quotation is charged by actual time spent according to the supplier's current price list. The supplier performs such work only after the customer approves it, unless damage is imminent and the intervention is necessary.
- Prices are stated exclusive of VAT. VAT is added at the statutory rate.
- Invoices are due within 14 days of issue unless agreed otherwise. If payment is late, the supplier may claim statutory default interest. After prior notice, the supplier may also suspend further performance until payment is made.
- For hardware deliveries or larger projects, the supplier may require an advance payment.
04Customer cooperation
- The customer shall provide the supplier in good time with the information, access and permissions needed for performance, in particular access to premises, equipment and systems. The customer shall also ensure that a responsible person is present when needed.
- The customer is responsible for backing up its data and configurations before work begins, unless the parties have agreed that the supplier will make the backup.
- Delivery dates are extended by any period during which the customer did not provide the necessary cooperation.
05Service, on-call support and SOC services
- Emergency call-outs, guaranteed response times, SOC monitoring and firewall as a service are provided only to customers that have concluded a service level agreement (SLA) with the supplier. The scope, availability and response times are defined by that agreement.
- Without an SLA, the supplier handles requests according to its current capacity, with no guaranteed response time.
- The supplier is not liable for outages caused by equipment, services or providers it does not manage, or for outages caused by force majeure.
06Handover and ownership
- Performance is handed over on completion and demonstration of functionality, on signature of a handover protocol, or when the customer starts live operation, whichever occurs first. Minor defects that do not prevent use are not grounds for refusing acceptance.
- Ownership of delivered goods passes to the customer only upon full payment of the price. The risk of damage to the goods passes to the customer upon acceptance.
07Defects and warranty
- Delivered third-party hardware and software are covered by the warranty provided by their manufacturer. The supplier will help the customer make a warranty claim with the manufacturer.
- The supplier's own work carries a 12-month warranty from handover unless agreed otherwise.
- Defects must be reported in writing without undue delay after they are discovered, with a description of how the defect shows itself.
- The warranty does not cover defects caused by intervention of the customer or a third party, improper use, configuration changes without the supplier's consent, overvoltage or an unsuitable environment.
08Liability for damage
- The supplier's total liability for damage under one contract is limited to the price of performance under that contract. For recurring services, it is limited to the price for the last 12 months.
- The supplier is not liable for lost profit, indirect damage, or loss of data that the customer could restore from a proper backup.
- The limitations in this article do not apply to damage caused intentionally or by gross negligence, or to harm to a person's natural rights.
09Subcontractors
The supplier may provide part of the performance through vetted subcontractors, in particular for electrical installation and inspections, cooling and air conditioning, or transport and installation of heavy equipment. The supplier is liable for their performance as if it had performed itself. Activities that require special authorisation are carried out by persons holding it.
10Software and intellectual property
- Once the price is paid, the customer may use software, scripts, configurations and documentation created by the supplier to the extent needed for the purpose of the contract. The scope of the licence, any exclusive use or handover of source code is governed by the contract.
- Third-party software, including open source, is governed by its authors' licence terms.
- The supplier retains its general know-how, tools and libraries that it also uses in other projects.
11Confidentiality and data protection
- Both parties keep confidential the other party's confidential information, in particular access credentials, network topology, security measures and business information. This obligation continues after the cooperation ends.
- If the supplier processes personal data on behalf of the customer while performing (e.g. in system administration or SOC monitoring), the parties will conclude a data processing agreement under Article 28 GDPR. More information is on the Privacy page.
12Final provisions
- Relations between the parties are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code.
- The parties will try to resolve disputes by agreement first. Failing agreement, the court with local jurisdiction over the supplier's registered office will decide the dispute.
- The supplier may amend these terms. A given contract is governed by the version in effect on the day it was concluded.