Terms and conditions

General Terms and Conditions (hereinafter just "GTC")
lay down the rules and the agreement between the trading company Zet4Net, spol. s.r.o. - the  www.marketer4mobile.com software web application operator (hereinafter just the "Operator") and the customers (hereinafter just the "Customer") for using the services of the www.marketer4mobile.com application (hereinafter just the "Service").
 www.marketer4mobile.com (the "Service")  is a software web application that offers to its customers software tools for sending bulk SMS , bulk emails and creating HTML websites . By checking the "I accept the General terms and conditions" box at the end of the registration form for the activation of services, you accept these terms and conditions. The operator of this service is the Zet4Net, spol.s.r.o. company ("The Operator") with his registered office at Čakanková 20, 921 07 Bratislava, The Slovak Republic, registered in the Commercial Register of District Court Bratislava 1, s.r.o. Section, Insert no.79837 / B.
The Operator shall provide, under the conditions described below, the Customers with the service on his www.marketer4mobile.com web servers, which is based on a set of tools and resources for creating, maintaining, sending, and managing SMS campaigns, e-mail campaigns, and mobile web campaigns (the "Service"). The Operator shall not save any customer data on his servers, except for the registration data. The Operator is fully responsible for the operation and security of the servers, which the Operator operates for running the "Service". 
The "Service" will be delivered provided the monthly or annual fees or a prepaid fee for SMS credits that serves as a payment system for sending SMS messages are paid. After the free testing period, the "Operator" reserves the right to suspend service to the Customer, in case he fails to pay monthly or annual fee or does not  pay for the SMS credits according to the agreed pricelist.
I. General Provisions 

1.  The Operator
The operator of the www.marketer4mobile.com software web application, which provides the service for the Customers. The operator of this service is Zet4Net, spol.s.r.o. ("Operator") with his registered office at Čakanková 20, 921 07 Bratislava, The Slovak Republic, registered in the Commercial Register of District Court Bratislava 1, s.r.o. Section, Insert no.79837 / B.
2.  The Customer
A legal person using the services of the Operator, which is registered in the www.marketer4mobile.com application.
3.  The Services provided through www.marketer4mobile.com web application
a) SMS : Bulk SMS campaign – sending bulk SMS messages to mobile phone numbers.
b) SMS + E-mail: Bulk SMS campaign – sending bulk SMS messages, E-mail campaign  – sending bulk e-mail messages, Mobile www campaign – creation of HTML www pages adapted for displaying on mobile phones.
c) SMS Credit: For sending bulk SMS messages it is necessary to recharge the credit in the www.marketer4mobile.com application. 1 credit = 1 Euro cent without DPH.
d) Additional services: the services listed in the pricelist at www.marketer4mobile.com in the Prices section.

4.  The Contract
The agreement between the Operator and the Customer for using the Services, under the conditions, in the scope, and for the price stipulated in these GTC.
5. 
The operated data are subject of the telecommunication secret in accordance with the Act no. 351/2011 on electronic communication.
6.
The content of the Service is the sum of the Operator’s content and the Customer’s content.
a) 
As the Operator's content, it is understood in particular all materials, information and assets (including author works), presented by the Operator as part of the services that form a functional framework of the Service (form) and its content.
b) 
As the Customer's content, it is understood in particular all materials, information and assets (including author works), sent in relation with the use of the Service, like texts, images, videos, etc.; it may also concern works of third parties; the Customer is responsible for the rights of the third parties (especially copyright) to the published or used materials, information, and works of the third parties.
7. The Pricelist
The Pricelist is the current pricelist, which contains prices for the individual Services provided (SMS Credit, Additional services, Services).
8. The Prepayment
The Prepayment means a temporary agreement on using the ordered program of the Services, and the payment for the Services for a certain period of time. The prepayment is always made for one year. The individual price programs of the Services are listed at the www.marketer4mobile.com website, in the Prices section. 
9. The effective period
The effective period means the duration of the subscription for the service. It is usually one calendar year from the day of the payment for the services ordered.
10 15 day Trial Period
If the Customer registers on the www.marketer4mobile.com for the purpose of trying the Service for a 15 day free trial period, the Operator will prepare the Service which will be free until one of the following happens:
a. end of the trial period, usually after 15 calendar days 
b. beginning of any Service Paid by you.
Any data entered to the Service during the trial period will be permanently lost, unless the Customer buys the Service before the trial period expires. The Operator can transfer the data entered into the Service during the trial period to the paid version of the Service.  

II. Registration and Activation of the Service

1. 
The condition for using the Service is filling a registration on the Customer’s side.
2. 
The registration is done by completing the registration form on the www.marketer4mobile.com web server, by the confirmation of the Customer, stating that he had read and agrees to the General Terms, and Conditions and by submitting the registration form. The consent with the General Terms and Conditions is expressed by the Customer by checking the "I accept the Terms and Conditions" box in the registration form.
3. 
The Customer is obliged to fill correct and complete personal data marked with an asterisk in the registration form. The Customer is obliged to update the data to the current status. The Customer has the right to change and amend the information in the course of using the Service.
4. 
By sending the registration form and upon delivery of the certificate of registration from the Operator to the Customer's e-mail address specified in the registration form,   the Customer account is set up.
5. 
The Operator is entitled, at any time in the future, in connection with the Services to change the scope of the mandatory personal data and to require the notification of additional information regarding the Customer, if this is required in connection with the license granted for the use of the Service or for legal reasons. Without the provision of these additional data, the Service cannot be used.
6. 
The Operators undertakes to back up the whole Customer's Content once a day.

III. Rights and Obligations of the "Operator"

1. 
The "Operator"  is obliged to allow the Customer to use the Service within the purchased scope. The "Operator"  is obliged to ensure continuous operation of the server, which is necessary for the use of the Service.
2. 
The "Operator"  shall spend all his technical capabilities to prevent abuse of the Service.
3. 
The "Operator" is not liable for inadvertent failures of the Server operation, which are of a technical nature, but he is obliged to make every effort to ensure the re-launching of the services as soon as possible, and to notify the Customer over the e-mail about such a failure of the server, if the outage is longer than 2 hours.
4. 
The "Operator" is not responsible for the technical condition and operation of third party services needed to ensure the Service, in particular SMS centre of the telecommunication operators and internet connection providers with which the "Operator“ cooperates.
5. 
The "Operator" reserves the right to cancel or completely block the access to the Service of the Customer, in case of a serious breach of any part of the GTC by the Customer.  In this case, the Customer is not entitled to claim compensation or refund for the Service.
The "Operator" will keep records about the usage, while he is entitled to keep in the archives copies of documents and identification characteristics of the Customer, especially his IP address.
The Customer acknowledges that the Operator is entitled to restrict or completely discontinue the Service due to planned server shutdowns for the reason of the maintenance of the server, so that the server shutdown, due to the maintenance works: 
a) will always be performed during the night hours, i.e. during the time from 22,00 to 05,00 o’clock, unless serious operational reasons prevent it, 
 
b) the shutdown of the Operator’s server  for the reason of the server maintenance will always be announced in advance on the Operator’s server,  or announced to the Customer in advance over the e-mail, 
 
c) the shutdown of the Operator’s server  for the reason of the server maintenance will occur maximally once per a calendar month, and it will not take longer than 5 hours, unless serious operational reasons prevent it.
6.
When the interruption of the Service is for a longer time than 30 calendar days, or at its final closure, the Customer shall be informed in writing or electronically at least 30 calendar days in advance.
 
IV.  Rights and Obligations of the Customer

1. 
The Customer declares, warrants, and undertakes to the Operator the following:
a) 
he is fully legally competent, 
b) 
all personal information submitted during the Registration are true and correct, 
c)
he will not use the Service contrary the legal regulations of the Slovak Republic, 
d) 
he has become thoroughly acquainted with the General Terms and Conditions prior the commencement of the Service, he completely understands and agrees with these conditions.
e)
he is aware that he may temporarily lose the access to the Services, due to the restriction or interruption of the Service under the terms of the Article III., Section 5.
2.
The Customer undertakes that:
a) 
he shall not make a registration, which would constitute his breach of the Slovak legislation or the legislation of other states,
b)
he will not use the Service in a way, so that its use would constitute his breach of the Slovak legislation or the legislation of other states,
c)
he will use the Service only for the purpose for which it is designated,
d) 
to access the Service, he will not use (or attempt to use) any other interface than the one provided by the Operator for this purpose, 
e)
he will ensure confidentiality, and he will not misuse the identification data and passwords necessary for the Customer’s login to the Service, in particular, that he will not disclose these identification data and passwords to any third party ,
f) 
if he learns about his identification data and passwords being misused by any third party, he will immediately notify the Operator ,
g) 
he shall not commit any illegal or unethical acts in connection with the use of the Service
h) 
he shall not do anything, which would disrupt or damage the Service ( or networks and servers connected with the Service) ,

3.
The Customer is further expressly prohibited to transfer to the Operator (i.e. place, upload, link or otherwise distribute) such a Customer's Content, which in particular:
a)
violates intellectual property rights (copyright, rights related to copyright, industrial property rights and so on.)
b) 
leads to an unfair competitive action which is contrary to the rules governing competition in the business relationship, and which could damage the reputation or jeopardize the operation or development of the Operator's business,
c) 
contains any parts that incite or lead to failing to meet the obligations imposed by the law or under the law, or to a crime, or that approve a crime, or publicly praise the perpetrator for a crime,
d) 
contains any parts that incite the use of addictive or life-threatening substances,
e) 
contains any parts that threaten other persons or a group of citizens with death, physical injury, or any damage
f) 
contains any parts that defame other nation, its language, ethnic group, race, or group of citizens for their political beliefs or religion,
g) 
contains any parts that, that incite hatred against another nation, ethnic group, race, religion or other group of persons or to the restriction of rights and freedoms of its members
h) 
contains any pornographic works , especially those that show a child, or in which acts of violence or disrespect to a man is manifested,
i) 
allows persons under the age of eighteen years to access any pornographic works,
j) 
contains any false or misleading information about another person, which is able to jeopardize this person's reputation among the fellow citizens to a considerable degree, especially to harm this person at work, disrupt the family relations, or cause another serious damage.
k) 
are in any way contrary to good manners,

V. Price for the Service and the Payment Conditions

1. 
The price for the use of the Service is determined according to the pricelist agreed between the Operator and the Customer, which is displayed at the www.marketer4mobile.com application website. The prices in the pricelist at www.marketer4mobile.com are in EUR, including VAT. The VAT means value added tax applicable in the Slovak Republic. For the services provided by the www.marketer4mobile.com application, the applicable VAT is 20%. For the Slovak Customers (natural and legal persons), the VAT will be charged in accordance with the applicable laws. For the legal entities from the European Union, who are registered for VAT, the Slovak VAT will not apply. For other Customers, the VAT will be applied in accordance with the Slovak law. 
2. 
The price for the Service can be paid by the Customer by the means described in Article V, Section 3 of these GTC. Every invoice is sent to the e-mail of the Customer on the day it was issued. The Customer has the option to view and download all his invoices in the Settings menu, after logging to www.marketer4mobile.com.
3.
All the payments are to be made in EUR. The Seller offers to the Customer two payment options. 
Option no. 1: Payment by a wire transfer to the bank account of the Operator, based on an issued invoice.
Account no.: 292 187 1133 / 1100 maintained at Tatrabanka,a.s.
Option no. 1: Card payment 
The Customer shall pay the full amount for the ordered service using his payment card, through the system provided by Trustpay, a.s. (www.trustpay.eu). This is an immediate bank transfer payment. TrustPay has an implemented 3D Secure protocol from Visa and MasterCard. Payment transactions take place on certified secure platforms, meeting the highest PCI DSS security standards. The system supports VISA, Mastercard, and Maestro cards.
4.
After the realization of the payment, the Service will be activated for the Customer and at the same time, an invoice will be sent to the his e-mail, containing all the required content of an accounting and tax document in accordance with the relevant standards applicable and effective in the Slovak Republic.

VI. Termination of the Contractual Relationship 
 
1. 
This Contract is concluded for an indefinite period.
2. 
The Operator and the Customer have the right to unilaterally terminate this Contract without cause with two months' notice, commencing on the first day of the next calendar month after the receipt of the written notice.
3.
In the event of termination of the contractual relationship, the Customer is entitled to a refund of a proportion of paid and unused price for the use of the service.
4. 
The Operator has the right to terminate the contractual relationship on the date of delivery of the notice, if he loses his capacity to provide the Service without his own fault, for example by a change in the legislation, force majeure, and so on. The paid and unused price for the Service will be returned to the Customer.
5.
The termination notice may be delivered by mail, in person, or by e-mail.

VII. Personal Data Protection
  
1. 
Personal information means such information about the Customer on the grounds of which it is possible to identify the Customer.
2. 
Extent of the personal data - In accordance with Article II. of these conditions, the Operators requires mandatory Customer data during the registration for the Service.
3. 
Personal data protection - The Operator collects and stores the data entered by the Customer on electronic information carriers in a secured database. The Operator shall protect the data as much as possible, using modern technology, which corresponds to the highest level of technical development at the time. The Operator declares that he has taken all measures to protect this data from an unauthorized interference of third parties .
4. 
The Operator will not, without the prior consent of the Customer process, share, sell or use the Customer's  data gained from the data provided during the registration in any way contrary to these GTC.
5.
The Customer acknowledges and agrees that the Operator is entitled to process and collect the Customer's data for the provision of the Services under this contract.
6.
By concluding this Contract, in accordance with the Act No.428 / 2002 Coll. on Personal Data Protection, as amended, the Customer gives his consent to the processing of his personal data, provided according to these GTC and in order to identify the Customer during the use of the Services. The data from the so called LOG FILES and the statistical information resulting from them, are not considered as personal data. 
7. 
The Customer gives his consent with the processing of personal data in the Sections 5 and 6 of the Article VII for the duration of these GTC. Upon termination of this Contract, the Operator is obliged to carry out the disposal of the Customer's personal data.
8.
The Operator is authorized to appoint, in accordance with the Act No.428 / 2002 Coll. on Personal Data Protection, as amended, a third party as a processor of the personal data.
9.
The Customer's consent to the processing of personal data pursuant to Article VII. of the GTC is voluntary. The Customer may, at any time after the registration of the Customer account, revoke this consent in writing. After the withdrawal of the consent, the Operator shall ensure that all the Customer's data are deleted from the database of the Service and the Customer account, and he shall also ensure that these data are not further processed or shared in order to continue the Services. In this case, the Contract between the Operator and the Customer expires.
10. 
The Customer has the right to ask the Operator for information about the processing of his data. If the Customer believes that the Operator processes the personal data contrary to the Act no.428 / 2002 Coll. on Personal Data Protection, as amended, he has the right to ask the Operator for clarification or to demand from the Operator to remedy such a state. In particular, it may be blocking, correction, supplementing, or liquidation of the personal data.
11. 
The Customer acknowledges that the Operator may be required to provide personal data by law or to meet his legal obligations (e.g. as part of judicial or administrative proceedings), mainly according to the Act no. 351/2011 on electronic communications, as amended.
12. 
The Customer agrees with the anonymous use and / or publication of registration and statistical data of the Operator for the development and operation of the Service provided. The statistical reports will not contain any personal data of such a nature that could, on the basis of one or more pieces of these data, directly or indirectly identify the Customer or that would allow any third party to contact the Customer.
13. 
The Customer undertakes to use contacts for which he has acquired the consent with sending commercial offers and announcements, and that he fulfils the obligations of the Act no.428 / 2002 Coll. on Personal Data Protection e.g. that his contacts have a clear and unambiguous option to refuse such use of their electronic contact details thereof, in a simple manner and free of charge.14. 
The Operator reserves the right to check the spam score and wholesomeness of the messages sent through the Service and, if problems are detected, pause the Service and inform the Customer immediately.
VIII. Complaints

1.
If the Customer violates the obligations stipulated by law or these GTC, or if he fails to pay the price for the Service properly and in time, the Operator has the right to restrict the use of the Service.
2. 
In addition to the above, If the Customer has violated the obligations prescribed by the law or this Contract, or if he fails to pay properly and punctually the price for the Service, or if the Customer's declaration pursuant to the Article IV, Sections 1 and 2 proves to be false, the Operator shall be entitled, without further actions, to immediately withdraw from the Contract.
3. 
The Operator guarantees the basic parameters and availability of the Services - the so called SLA (service level agreement) to be 98% in a particular billing period. The calculation of the SLA does not include the maintenance under the Article III. of this Contract and the GTC.
4. 
If the service availability falls below the guaranteed availability (SLA), the Customer is entitled to compensation. The compensation shall be granted only if the Customer claims his entitlement to such compensation by a complaint.
5. 
The complaint must be in writing and it must be filed no later than two days after re-commissioning of the Services. Late filing of a claim will be rejected and the Customer loses the right to any compensation.
6. 
The complaint must include the identification of the Customer, Service identification, description of the reason for the claim, and all the relevant facts, as the time of its commencement or the time of discovering the issue, the time of re-commencement of the Service, and contact person's name.
7.
The Operator is obliged to settle the claim within 30 days of its receipt. If the claim is justified, the Customer has the right to compensation.
8. 
Filing a complaint does not suspend the payment of the price for the Services provided.
9. 
The compensation shall be determined as twice the aliquot part of the price for the Services, which could not have been used due to the unavailability.
IX. General Disclaimer 

1. 
The Operator is not liable for any direct or indirect damage that occurs to the Customer, in connection with the use of the Service, Customer's Content, and in the case of breach of the obligations by the Customer.
2. 
The Operator is not liable for any direct or indirect damage that occurs to the Customer in connection with a failure to deliver any e-mail or SMS message or by delivering damaged or incomplete e-mail or SMS.
 
X. Closing Provisions

1. 
This Contract is enclosed for an indefinite period.
2. 
Communication between the operator and the Customer may be conducted in writing or electronically - by e-mail.
3. 
All legal relationships between the Operator and the Customer in connection with the provision of the Service are governed by the laws of the Slovak Republic.
4. 
For the avoidance of doubts and to ensure legal certainty, the parties have agreed that during the delivery of any written correspondence addressed to the other Party by registered mail, the following fiction will be used: Any letter sent to the other Party through a registered mail via the Slovak Post (Slovenská pošta, a.s.) shall be considered delivered on the third working day following the date of its sending, unless  there will be a delivery by the Slovak post or a personal delivery before that.
5. 
The Operator and the Customer declare that they have concluded this Contract on the basis of their free and serious will, not in distress or under unfavourable conditions.
6.
The Customer hereby agrees that the Operator is entitled to send to the Customer's e-mail address and the Customer's mobile phone number, indicated during the registration (or its change), commercial notifications, including especially information about the news of the Service.
7. 
The Contract comes into force on the date of its confirmation by both parties. 
The consent with the General Terms and Conditions (GTC) and this Contract is expressed by the Customer by checking the box "I accept the General Terms and Conditions" in the registration form. 
The consent with the General Terms and Conditions (GTC) and this Agreement is expressed by the Operator by the activation of the Service and by the acceptance of the registration of the Customer, in a form of a confirmation e-mail message sent to the Customer’s contact e-mail, indicated during the registration.
In Bratislava, 1st July, 2014.