Eric BarkaiDeveloper and web designer, Pragueericbar2120@gmail.com · +420 777 135 074 · ericek.online
CS

Terms and Conditions

These terms describe how we work together on building and looking after your website. I have tried to keep them plain. If anything is unclear, ask me before you agree to anything. The Czech version prevails in case of any discrepancy.

Effective from

Provider
Eric Barkai
Based in
Prague, Czech Republic

Introduction

  1. These terms and conditions (the “terms”) govern the relationship between me, Eric Barkai, as the provider (identification details are in the box above), and you as the client, for website design and development and related services, including monthly website care.
  2. A website project is a contract for work under Section 2586 et seq. of the Czech Civil Code (Act No. 89/2012 Coll.). Monthly care is a service contract.
  3. Clients may be consumers or businesses. Provisions that apply only to consumers are in the Consumers section.
  4. Terms agreed in a quote or contract take precedence over these terms.

Entering into a contract

  1. Prices and packages shown on the website are indicative and are not an offer to enter into a contract.
  2. After an initial consultation I send you a quote with the scope, price and expected timeline. The contract is formed when you accept the quote in writing; an email is enough.
  3. Contracts are concluded in Czech, or in English if we agree so.

Price and payment

  1. The price of the work is the price in the accepted quote. It is stated in Czech crowns including VAT and is final.
  2. Before work starts, you pay a 50% deposit. The rest is due after handover, usually before the website goes live on your domain.
  3. Invoices are payable within 14 days by bank transfer. If a payment is late, I may charge statutory default interest and pause work until it is paid.
  4. Work outside the agreed scope is quoted in advance and only done with your approval.

How we work

  1. I build the website according to the agreed brief. While I work, you get a link where you can review the website on a computer and a phone.
  2. The price includes two rounds of feedback on the design and content. Further changes are quoted separately.
  3. You provide what the project needs: texts, photos, logo, access details and feedback. If your input is delayed, the deadline moves by the same amount of time.
  4. If a project cannot continue for 60 days because input is missing, I may invoice the work done so far and close the project.
  5. Websites are optimised for current versions of common browsers (Chrome, Safari, Firefox and Edge) on computers and phones.

Handover

  1. The work is handed over once I give you the website for review and you confirm it is fine, or once I publish it at your instruction.
  2. Minor defects that do not prevent use of the website are not a reason to refuse handover. I fix them without undue delay.

Materials and content

  1. You are responsible for having the necessary rights to the materials you give me (texts, photos, logos) and for their publication not infringing third-party rights or the law.
  2. I may refuse to publish content that is clearly unlawful.
  1. Once the price is paid in full, I grant you an exclusive licence, unlimited in time and territory, to use the design and content created for your website, including the right to modify it and have it modified by third parties.
  2. General parts of the source code, libraries and tools that I also use in other projects are licensed to you non-exclusively. Third-party software (such as open-source libraries) is governed by its own licences.
  3. No licence is granted until the price is paid in full.
  4. I may show the finished website in my portfolio. If you do not want that, tell me in writing and I will remove it.

Domain, hosting and third-party services

  1. I recommend registering the domain in your name. I will help you choose, register and set it up.
  2. Hosting, domains and other third-party services are governed by their providers’ terms. I am not liable for their outages or changes, but I will help you resolve them.

First-clients programme

  1. In the first-clients programme, I give a limited number of local businesses a discount on the Start or Business package in exchange for a testimonial and permission to publish a case study.
  2. The discount does not depend on a positive review. The testimonial must reflect your genuine experience, and any published testimonial will state that it was given as part of a discounted programme.
  3. You may withdraw your permission to publish the testimonial at any time. Doing so does not affect the discount you received.

Monthly website care

  1. The scope of care follows the plan you choose, as described on the website or in the quote.
  2. Care is paid monthly in advance. Unused hours do not roll over to the next month.
  3. You may cancel care by email at any time, effective at the end of the current calendar month. I may end it on the same terms.
  4. I will announce any change to the price of care at least 30 days in advance. If you disagree, you may cancel with effect from the date of the change.

Defects and complaints

  1. Your rights in case of defective performance are governed by the Civil Code. Please report a defect by email without undue delay after discovering it, and no later than two years after handover.
  2. I resolve justified complaints free of charge by fixing the defect. A consumer’s complaint is resolved within 30 days, unless we agree on a longer period.
  3. Towards clients who are businesses, my liability for damage is limited to the price of the work. This does not apply to damage caused intentionally or through gross negligence.

Ending the contract

  1. If you withdraw from a contract for work for reasons not attributable to me, you pay for the work done up to the withdrawal. The deposit is set off against this amount and any overpayment is refunded.
  2. If a payment is more than 30 days overdue, I may withdraw from the contract.

Consumers

  1. If you are a consumer and the contract is concluded at a distance (for example by email), you may withdraw from it without giving a reason within 14 days of its conclusion.
  2. If you expressly ask me to start work within that period and then withdraw, you pay a proportionate part of the price for what was provided up to the withdrawal (Section 1834 of the Civil Code).
  3. Withdrawal can simply be sent by email. You may use the model form below, but you do not have to. I refund payments within 14 days of withdrawal, using the same payment method you used.
  4. The Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Prague 2, adr.coi.cz, handles out-of-court resolution of consumer disputes and supervises consumer protection.

Model withdrawal form

To: Eric Barkai, at the email address in the box above.

I hereby give notice that I withdraw from my contract for the provision of the following service: (description of the service). Date the contract was concluded: (date). Consumer’s name: (name). Consumer’s address: (address). Date: (date).

Final provisions

  1. The contractual relationship is governed by the laws of the Czech Republic.
  2. I may reasonably amend these terms. A contract already concluded is governed by the version in effect on the day it was concluded, unless we agree otherwise.
  3. These terms are effective from the date shown at the top.