Terms of Service
For Users who signed up before October 31, 2023, these Terms of Service will apply until November 14, 2023, when the Terms of Service below will come into effect.
All previous versions of the Terms can be found HERE.
RAYNET CRM TERMS OF SERVICE no. 23-10-31
1. Introductory Provisions
- 1.1We are well aware that reading through terms and conditions is not fun for anybody. However, please take a moment to get through them now, at the beginning of our collaboration. These terms of service are here to set the rules so you know exactly what you can expect from us and what we expect from you in relation to the Agreement concluded with us through our web interface on the www.raynet.cz, www.raynetcrm.sk or www.raynetcrm.com website (hereinafter “our website”) or in writing.
Who are we?
- 1.2Before we continue, let us introduce ourselves and tell you who we are and where you can find us. We are RAYNET s.r.o., a company with over 19 years of history. Our company was established in 2004. Our registered office is located in the Czech Republic, in Ostrava - Poruba, at Hlavní třída 6078/13, postcode: 708 00. However, for the purpose of these terms of service and to keep things simple, we are “RAYNET”, you are the “Customer” and these are the “Terms”.
Are you authorized to conclude an agreement with us?
- 1.3If you conclude an agreement with us on behalf of the Customer – a legal entity, you declare that you have full authority to conclude such a valid agreement.
Consent to these terms
- 1.4By using our RAYNET CRM software, you declare that you have carefully read these Terms in their entirety and that you agree to their content.
Single point of contact and content moderation
- 1.5We would also like to inform you that in accordance with the DSA (Regulation 2022/2065 of the European Parliament and of the EU Council of October 19, 2022 on the single market for digital services) we have established a single point of contact, which is the email address email@example.com.
- 1.6We also state that no moderation of our Users' content takes place during the provision and operation of RAYNET CRM.
What do certain terms mean?
- 2.1Because we would like to avoid any misunderstandings regarding the language used, let’s make it clear what certain terms used in these Terms mean:
- 2.2CRM Software means the RAYNET CRM software application for Customer Relationship Management owned by RAYNET, to which RAYNET holds the copyright.
- 2.3RAYNET means RAYNET s.r.o., Company ID No.: 26843820, with the registered office at Hlavní třída 6078/13, Poruba, 708 00 Ostrava, Czech Republic, registered with the Regional Court in Ostrava under File No. C 28180; we are also a party to the Agreement as defined below. We act as the controller of the personal data, both yours as a Customer and that of individual Users. Furthermore, we also act as the processor of personal data of the (potential) clients of the Customer.
- 2.4Customer means you as the person to whom we have granted permission to use the CRM Software.
- 2.5Agreement means the agreement concluded between you as the Customer and us as RAYNET. Such an Agreement can be concluded in two different ways. Either by filling out and submitting the sign-up form on our website and we can also conclude it in conventional physical written form. Based on such an Agreement, we grant you permission to use the CRM Software.
- 2.6Electronic Signature is a feature we provide to our Customers in cooperation with Digital Solutions hereinafter DigiSign, to facilitate the signing of agreements, subject to the terms and conditions set out in these Terms.
- 2.7Terms govern our mutual rights and obligations in providing CRM Software under the concluded Agreement. The Terms form an integral part of the Agreement.
- 2.8Instance is the designation for the Customer account in the CRM Software. An Instance is created by filling out and submitting the sign-up form on our website.
- 2.9User Account is a parent term for both “Active User Accounts” and “Available User Accounts”. When managing your Instance, you can clearly see which of your User Accounts are currently in use and which are free.
- 2.10Active User Account is an account with its unique login information assigned by the Customer to a specific User for the purpose of using the CRM Software.
- 2.11Available User Account is a User Account that is not currently assigned to any specific User. These are User Accounts we have reserved for you to use at any time and assign them to the specific Users at a moment’s notice.
- 2.12Administrator Account is an account created by the Customer to manage the Instance and the individual User Accounts. The person managing the Administrator Account is also a User.
- 2.13User is an individual acting on behalf of the Customer, who logs in to the CRM Software through their User Account. The User is a data subject pursuant to Act No. 110/2019 Coll., on the processing of personal data.
- 2.14API Connector is a programming interface of the CRM Software that allows you to work in the CRM Software with data from third-party applications.
- 2.15Trial is a period of time during which you can use the CRM Software as a Customer free of charge to get acquainted with its features and make sure that it suits your needs. The Trial Period lasts for 30 days and starts at the moment the Customer’s Instance is created in CRM Software.
- 2.16Subscription Fee is a monthly or yearly charge for the use of the CRM Software.
- 2.17Billing Period is one calendar month if we have agreed that you will pay the Subscription Fee on a monthly basis. However, the Billing Period may also be one calendar year in case we have agreed that you will pay the Subscription Fee annually.
- 2.18Copyright Act means Act No. 121/2000 Sb., as amended.
- 2.19Civil Code means Act No. 89/2012 Sb., as amended.
What takes precedence when the agreement and the terms are in conflict?
- 2.20If we explicitly agree to something in writing in the Agreement or any of its amendments, which differs from the provisions of these Terms, the Agreement or amendment will apply. In all other cases, these Terms will apply.
3. The Trial and The Paid Version
- 3.1Nobody wants to buy a pig in a poke; that’s why we offer you the opportunity to try our CRM Software for 30 days free of charge. We guarantee that these first 30 days are not associated with any fees whatsoever, and there is no charge for terminating the use of the CRM Software either.
How long does the trial last?
- 3.2The length of the Trial Period is 30 days, and it starts with the creation of your Instance in the CRM Software.
What is the trial for?
- 3.3The Trial allows you to familiarize yourself with the features our CRM Software has to offer. It allows you to make sure that it fully meets your needs and is a suitable tool for your intended use. As a Customer, you take responsibility for making sure that you have duly tested the CRM Software and that it is suitable for achieving your intended results.
What happens to the data you enter into the CRM software during the trial?
- 3.4If you decide to continue using your Instance in the paid version, the data you have entered into the CRM Software will be retained. If you decide not continue after the Trial, all your data will be permanently deleted from the CRM Software after 90 days from the end of the Trial.
To what extent can you use the CRM software during the trial?
- 3.5The extent of use of CRM Software is governed by three basic aspects – time, territory and quantity. During the Trial, you can use the CRM Software as follows:
- time period: 30 days from the creation of your Instance;
- territorial scope: unlimited;
- quantity: depending on the number of User Accounts created.
- 3.6All obligations and limitations set by these Terms for the use of the CRM Software also apply to the use of the CRM Software during the Trial, except for obligations and limitations which, by their nature, only apply to the paid version of the CRM Software.
When does the trial end?
- 3.7The Trial ends if at least one of the following three situations occurs:
- the time period referred to in clause 3.2. of the Terms expires, or;
- you convert your Instance to the paid version of the CRM Software.
- an administrator cancels the instance through the CRM interface.
Paid Version of the CRM Software
When and how can you change your instance to the paid version?
- 3.8The paid version can be activated for your Instance at any time during the Trial using the CRM Software user interface. By such activation, you also expressly agree to pay the Subscription Fee for the continued use of the CRM Software. If you do not convert your Instance to the paid version during the Trial, you may still do so within 15 days of the end of the Trial.
To what extent can you use the CRM software in the paid version?
- 3.9The right to use the paid version of the CRM Software is granted to you on the basis of the Agreement concluded with us, activating the paid version via the user interface and paying the Subscription Fee. If all these conditions are met, you will have the right to use the CRM Software to the following extent:
- time period: the agreed period for regular recurring payment of the Subscription Fee;
- territorial scope: unlimited;
- quantity: depending on the number of User Accounts created.
4. Subscription Fee
How much will you pay?
- 4.1The Subscription Fee amount for the use of the CRM Software is determined in one of the following three ways:
- by the Price List available on our website if you have concluded the agreement with us by filling out and submitting the sign-up form on our website or;
- by the Agreement, provided that we have concluded a physical written agreement.
- in another way if we agree on it.
- 4.2The basic Subscription Fee amount excluding additional services is calculated as the price for one User Account for a given Billing Period multiplied by the number of User Accounts, taking into account clauses 4.3. and 4.4. Additional services are charged according to the Price List.
- 4.3We do everything in our power to ensure that the CRM Software allows you to react flexibly to your business needs. Therefore, you can purchase new User Accounts in the CRM Software at a moment’s notice, even during the given Billing Period. We believe you have enough paperwork to deal with as it is, so we don’t want to burden you further with an extra invoice every time you increase the number of User Accounts. For that reason, when you purchase new User Accounts, the CRM Software interface will show you immediately how much you will pay for them, but the relevant price will be included in your next monthly invoice, based on which you will pay us retroactively for the number of days for which you had the new User Accounts purchased in the given Billing Period. The invoice for the following Billing Period will then include the newly added User Accounts as part of the subscription.
- 4.4An exception applies to the Instances with an agreed annual subscription (the Billing Period is one year). After all, a year is a long time, so in this case, we will send you an invoice for the newly added User Accounts right after you purchase them. However, if you purchase them just before the end of your subscription, i.e., during the 12th month of the annual billing period, we will proceed with new User Accounts according to clause 4.3, I.e., in the same way as with monthly subscriptions.
- 4.5The prices are always indicated exclusive of VAT.
- 4.6As a part of these Terms, you also expressly acknowledge and agree that the Subscription Fee is not tied to your actual use of the CRM Software during the relevant period. The Subscription Fee is paid in order to be granted access to the usage of the CRM Software.
What does billing look like?
- 4.7We offer two billing options. We understand that the usual repetitive invoicing cycle is annoying for everyone and unnecessarily burdens both you and us. That’s why we offer automated card payments. If, for any reason, you would like to follow the traditional procedure, it is possible as well.
Automated card payment
- 4.8The first option, “automated card payment”, is activated by entering your card details in the settings section of the CRM Software under accounting and billing. Each Billing Period, the relevant amount of money will be deducted from your card, and you will only receive the issued invoice. You can of course check the payments at any time, but otherwise, you don’t have to keep them in mind.
Bank transfer payment
- 4.9The second option is the classic invoicing, where we send you an invoice to the email address you provide in the section accounting and billing. The invoice is due within 14 days of the date of issue. The invoice issued has all the requisites of an accounting and tax document mandated by the applicable legal regulations (in particular, the VAT Act). As this method is associated with a higher administrative burden, it is charged according to the Price List (after all, payment matching can take some time, which we would rather dedicate to you, our clients).
- 4.10As a Customer, you hereby agree that the invoices will be sent to you electronically to the email address(es) you have listed in the accounting and billing section of your CRM Software, and you consider this method sufficient.
What happens if you default on an invoice?
- 4.11What happens if you are in default in the payment of an invoice depends on the length of the delay. The milestones are:
- 3 days. If the delay in payment of a duly issued invoice exceeds the period of 3 days after the due date, your access to the CRM Software will be blocked. Your access will be restored once you pay the amount due.
- 60 days. If the delay in payment of the invoice exceeds 60 days, your Instance will be canceled. Should you wish to restore your Instance, we have to agree on it in writing.
- 120 days. If the delay in payment of the invoice exceeds 120 days, your Instance will be permanently deleted, including all the data that is part of it.
5. Fair Use of the CRM SOFTWARE
Abuse of the trial
- 5.1We provide the free Trial as a courtesy to our customers, and it is not intended to be abused to avoid paying the Fee. We assume that this will not be the case for you, but if someone were to repeatedly misuse the CRM Software Trial contrary to good morals, we may prevent them from creating further Instances, and we may also claim damages incurred, including non-pecuniary damages.
Intellectual property rights
- 5.2The CRM Software, as well as all related software, is our intellectual property.
- 5.3No provision of these Terms shall be construed as an assignment or grant of a license, sublicense or other right of use within the meaning of the Copyright Act for the parts of the CRM Software that we provide you as a service, with the exception of the provisions set out in para. 5.4 and 5.6 of these Terms. You have the right to use the CRM Software and related services. However, you do not have the right to reproduce, download, install or distribute these software solutions in any way. Nor are you authorized to incorporate the CRM Software into other software without our written consent.
- 5.4In the course of the contractual relationship under these Terms, it may occur that content protected under the Copyright Act (in particular, a work or database) or any other protected intangible asset is created. It may even be the case that if you help us create a CRM Software extension or a new feature, from a legal perspective, you will be a co-author of that extension, feature or a similar creation. In such a case, you agree that such content automatically becomes part of our CRM Software, that we exercise all the rights related to it and that these Terms apply to the use of such creation as well.
- 5.5Provided that you breach the obligations set out in the preceding paragraph, we will be entitled to withdraw from these Terms and claim damages from you, including non-pecuniary damages.
- 5.6An exception to the provisions of para. 5.3 of these Terms is the API key, which you can obtain in your User Account and which is considered a copyrighted work within the meaning of the Copyright Act. Therefore, on the basis of you signing up and creating your User Account, we grant you a license to exercise the right to use the API key in the form in which it is available at that particular time. The license is granted as non-exclusive for the duration of the contractual relationship under these Terms (but no longer than for the duration of the property rights to the API key), solely for the use of the API key in accordance with these Terms and in an appropriate manner. The license is granted worldwide. The API key is made available to the User either via remote access (via the user interface) following the creation of the User’s User Account. The User is not entitled to grant sublicenses to third parties or to assign the license to third parties. The license fee is included in the Fee.
- 5.7If, as a part of the provision of the services under these Terms, any performance protected under the Copyright Act (in particular, a work or database) or any other protected intangible asset is created, such performance becomes part of the CRM Software, and the CRM Software Terms of Service will apply to such assets as well.
- 5.8Please note that by concluding the Agreement, you do not acquire any rights to trademarks or other industrial rights of RAYNET or other third parties.
- 5.9If you write a review on our website or social media that could be considered a copyrighted work within the meaning of Section 2 of the Copyright Act, by submitting the review, you grant us an exclusive right to use such work in its original or modified form, in an unlimited territorial scope and quantity, for any use and for any purpose, and for the duration of the proprietary copyright. We are not obligated to use this license. Within the scope of such license, we are also entitled to grant sublicenses or to assign the license to a third party without limitation, to which you expressly agree by submitting the review. For the avoidance of doubt, the license includes the exclusive right to publish, modify or alter such review, combine it with another work or include it in a collective work, process it, including translation (e.g., to another language), even through a third party, and publish the review under our company name, to which you agree.
- 5.10Please bear in mind that we may also publish your review on our website and social media. You are also hereby notified that any such publication may include the name (or handle) you used when submitting your review.
- 5.11If you do not want us to use your review any further, email us at firstname.lastname@example.org, and we will delete it.
Keep your login information confidential
- 5.12Only you or persons authorized by you are entitled to use the CRM Software. Please keep your login information for your User Account confidential to prevent its misuse by third parties. Should you breach this obligation, you will be liable to us and third parties for any damage incurred by such misuse.
Limitation of use
- 5.13We want our services to function flawlessly for all customers. Therefore, as one of the measures, we need to set limits for the use of our services in order for all customers to be able to use them.
Limit on the number of records
- 5.14The limit on the number of records is set at 200,000 records. The limit includes the sum of:
- All records registered in the Contact Database
- Sales Orders,
- Phone Calls,
- 5.15If you are using the CRM Software with the number of records exceeding 200,000, we will contact you and arrange for a solution that will be the most advantageous for you in relation to your current and future needs. However, we will have to take this into account according to the Price List. You can track the development of the number of records in the system administration.
Daily limit for using the api connector
- 5.16The daily limit for requests when using the API Connector is set at 24,000 requests per day. If the daily limit is exceeded, access will be blocked for that day. Upon mutual agreement, the limit can be increased, but this is associated with increased infrastructure costs for us, and we will have to reflect such an increase in the Fee based on the Price List.
- 5.17If you use the API excessively, which means downloading data exceeding 100 GB per month or excessively overload the system in a way that threatens to restrict other customers, we will ask you to remedy the situation. In the event you fail to remedy the situation within five business days of our request, we reserve the right to disable your Integration.
- 5.18Our customer support is eager and willing to help you with any issues, but a day still has only 24 hours. So we are able to guarantee 1 hour of chat or phone support per month for each User. We will be happy to help if possible, but under some circumstances, we may ask you to communicate with us via email to resolve any problems.
Inviting additional users and liability
- 5.19If you decide to invite other Users to your Instance (or assign additional Users to Available User Accounts), they will use their own User Accounts with unique login information.
- 5.20In such a case, you are obligated to inform the Users you invite to your Instance of these Terms and all rights and obligations arising hereunder. This is for your own good, as you are liable for ensuring that the Users you invite to your Instance comply with these Terms. If a User you invite to your Instance causes any damage to us (including non-pecuniary damage), in particular, by acting in violation of the Terms, you will be liable for the damage as if caused by you.
- 5.21You can also set permission levels for the Users you invite to your Instance. The individual levels differ in the range of CRM Software features the given User has access to within the Instance. The permission levels (security levels) you can choose from are outlined in your Instance under Settings > User Administration.
- 5.22We are not liable for any damage incurred by you due to a User having different permissions than you believed to be the case (e.g., if you forget to change the basic permission settings of the User, who is then not able to perform a specific action in the CRM Software due to insufficient permissions, and you incur damage or loss of profits)
- 5.23Furthermore, we are not liable for any damage caused to you by a User you have invited to your Instance.
- 6.1These days, few things are as scary as the thought of losing your hard-earned business data, which is why we take great care to ensure quality backups.
How do backups work?
- 6.2RAYNET performs daily backups of the data you store in the CRM Software. The backup is usually done at 2:00 AM CET/CEST.
- 6.3We keep the individual backups for a minimum of 90 days after their creation and even longer if technically possible.
- 6.4Please note, that due to technical reasons, data from Instances that have been blocked, canceled or are awaiting permanent deletion are backed up in the same way. As a Customer, you give your consent to such backups.
How do you access your backups?
- 6.5You can send a request for the provision of a backup of your data via email at email@example.com. We will then send you information to the email address provided in your request (or to the email address from which the request was sent) on how to download the data backup. The backup itself will then be sent to you via data box or to your email, and the password via SMS to the phone number provided in the request.
In what format will you receive the backup?
- 6.6Based on the request set out above, you will receive the data backup as:
- A copy of the database in SQL format;
- A copy of the attachments and files in a compressed archive.
Providing data backups to the customer and other sensitive operations upon request
- 6.7We wish to keep your sensitive data as secure as possible. Therefore, if you ask us to provide a backup of your data or to perform other actions related to the access to your data, we need to verify that such a request was made by a person authorized to do so. For this, we use one of the following methods:
- Authenticated signature. A request with an officially authenticated signature.
- Data box. A request sent via your data box.
- Electronic Signature via the CRM Software and possible video call. A request signed via the CRM Software module “Electronic Signature”. In such a case, we may ask you for a short video call to verify your identity, during which you will present a valid ID card.
- Electronic Signature with a time stamp. In this case, the request is signed in electronic form (PDF) with a certified electronic signature based on a qualified certificate and bearing a qualified time stamp. Such a request must be accompanied by the qualified certificate on which the signature is based, containing the unique identifier of the signatory (specifically IK MPSV).
- In another way that allows us to unequivocally verify in a recordable manner the identity of the person acting on behalf of the Customer.
- 6.8The person authorized to request the backup on behalf of the Customer is solely the Customer himself/herself (in the case of a legal entity, any Managing Director of the company).
- 6.9If you wish, you may let us know that we should not use any of the methods listed under (b), (c), (d) or (e) of clause 6.7 to verify your identity, and you may narrow down the list of persons authorized to request the backup on behalf of the Customer (if you wish to add other persons to such list, you need to send us a request to do so in writing with an officially authenticated signature of a person authorized to act on behalf of the Customer). If you request that we narrow the list of persons and this is another person meeting the definition in 6.8., that person must agree to this, otherwise we will not comply with the request.
- 6.10In cases where we deem it necessary, we may insist that your request be accompanied by an officially authenticated signature of a person authorized to act on behalf of the Customer. If you are a legal entity, we may insist that you act on behalf of your company in a manner specified in the Commercial Register (e.g., several Managing Directors jointly or separately).
Are you going to pay anything for the backup?
- 6.11As a Customer, you are entitled to getting a free data backup once every six months. Each additional data backup provided will be charged in accordance with the Price List valid at the time you request the data backup.
7. Service Availability, Liability, Technical Requirements and Updates
What availability of service do we guarantee?
- 7.1We guarantee the CRM Software availability of 99.50% in a calendar month.
What are you entitled to if the availability is not what we have guaranteed?
- 7.2If the availability is lower than guaranteed in clause 7.1. of the Terms, you are entitled to the following:
- 98.00% – 99.49% availability: discount in the amount of 35% of the Fee for the Billing Period which started in the relevant calendar month.
- availability less than 98.00%: discount in the amount of 50% of the Fee for the relevant Billing Period.
- In the case that the Billing Period is one year, the discount pursuant to previous points (a) and (b) is calculated as a discount from 1/12 of the Fee for the Billing Period. Therefore, the availability discount is only provided for the proportional part of the Fee in a particular calendar month. If the CRM Software is not available as guaranteed in clause 7.1. of the Terms in the following calendar month as well, you are again entitled to a discount of 1/12 of the Fee for the Billing Period, and so on.
- 7.3In order to improve our services, we perform regular maintenance of the CRM Software, which means that access to the CRM Software may be temporarily limited, or the service may be temporarily unavailable. The regular maintenance is carried out outside regular business hours (8:00 AM – 5:00 PM CET/CEST) to inconvenience you as little as possible. Regular maintenance is not included in the limit for CRM Software availability pursuant to clauses 7.1. and 7.2. of the Terms, which you expressly acknowledge. We will inform you of the times of the regular maintenance via notifications displayed in the CRM Software user interface.
When are we not liable for damage or unavailability?
- 7.4We are not liable for the unavailability of the CRM Software in situations caused by circumstances excluding liability. This includes circumstances beyond our control which prevent us from fulfilling our obligations. However, this does not apply to situations where we could have avoided or remedied such obstacles or cases where we were aware of such obstacles at the time our obligation were established.
- 7.5The examples of obstacles which can be considered circumstances excluding our liability (force majeure) include, in particular, the following:
- Strike, if the event is organized by third parties;
- Terrorist attack;
- War, civil and military unrest, blockade, uprising, riots, epidemics, quarantine measures;
- Lightning, earthquake, fire, storm, flood, landslides;
- Events that result in a state of emergency or other restrictive measures declared by state authorities, regional health authorities or other institutions, directly or indirectly affecting RAYNET’s operations.
- 7.6We are not liable for features, functionality and flawless operation of other software you use for integration or configuration (linking with certain software / services / SaaS) with the CRM Software. This liability is borne by the providers of third-party software, with whom you must conclude a separate agreement. The unavailability of any integration or configuration is not considered a part of the guaranteed availability of CRM Software pursuant to clause 7.1. of these Terms.
- 7.7You acknowledge and agree that we are not liable for any financial losses incurred as a result of suspended operation of the CRM Software due to an update or necessary maintenance.
- 7.8Additional services provided by third parties may be incorporated into the CRM Software (e.g., geolocation of recorded addresses, maps, currency exchange rates and data from commercial registers). As we are not the providers of these services, we are not liable for the accuracy, correctness, completeness and up-to-dateness of information you receive when using such additional services, nor are we liable for any damage you may incur due to the outage of such additional services. The unavailability of any of the additional services is also not considered the availability pursuant to clauses 7.1. and 7.2 of these Terms. As a Customer, you expressly acknowledge this clause in its entirety.
- 7.9Furthermore, we are not liable for any problematic content of the websites or services presented on these websites, or hyperlinks placed by you directly into the CRM Software or another part of your system, as we do not participate in any way in the creation of the content of such websites. Naturally, this clause does not apply to cases where such hyperlinks link to our website.
- 7.10You are obligated to ensure appropriate technical equipment that will enable you to use the CRM Software features under these Terms. Before you start using the CRM Software, you are obligated to check whether your equipment complies with the technical requirements for the CRM Software, which are available on our website under Technical Requirements.
Changes to the CRM software
- 7.11We are entitled to make changes (updates) to the content and features (add or remove content/features) of the CRM Software at any time. This is done automatically, and these Terms also apply to the updated version of the CRM Software. Since CRM Software is provided “as is”, you cannot refuse such changes. We will, of course, inform you of any updates to the CRM Software in time via email, our website or via notifications in the CRM Software user interface.
- 7.12In the event that you do not agree with the change to the CRM Software pursuant to the preceding paragraph, our Agreement will be terminated with effect as of the effective date of the change to the CRM Software, and you will be entitled to request a backup of your data. You can express your disagreement with the change by canceling your instance according to section 8.5. of the Terms.
Liability for having a functional email address
- 7.13You are responsible for ensuring that the email address you have provided in the CRM Software administration is functional (i.e., able to receive emails from us). In the event that your email address is, for any reason, no longer functional, you are obligated to change it and enter a working email address in your CRM administration.
- 7.14We are not liable for any damage incurred due to the email address provided in your CRM Software administration being non-functional or unable to receive emails (e.g., if you mark one of our emails as spam, and we are then unable to duly deliver emails to you). We may send update notifications or invoices to your email address. It is in your interest that everything works as it should.
- 7.15You are liable for ensuring that your email address is fully functional, and you are obligated to compensate us for any damage incurred in connection with your non-functional email address provided in our CRM Software administration (e.g., if we are unable to deliver an invoice to you due to this issue).
8. Term and Termination of the Contractual Relationship
When does the agreement expire?
- 8.1The Agreement will expire in the following cases:
- Upon the expiry of the term for which it was concluded;
- Upon termination by us;
- Upon withdrawal by us;
- Upon the cancellation of the Instance by you;
- In the event that your Instance in the CRM Software is canceled due to your default in payment exceeding 60 days;
- In the event that you express your disagreement with the new version of the Terms (see clause 9.2. of the Terms).
Termination by us
- 8.2We are entitled to terminate the Agreement without giving any reason, with the notice period being twelve months, starting on the first day of the month following the month in which the notice of termination is delivered. In such a case, the notice of termination will be sent by mail or via a data box. If sent by mail, the notice of termination will be sent to the address of the registered office of your company if you are a legal entity or self-employed individual or to the address of your residence if you are a private individual. If we are unable to deliver the notice of termination to you in this manner, the notice is deemed to be delivered on the third day after it is submitted to the postal service provider, which you expressly acknowledge. The Agreement will be terminated with effect as of the date of expiry of the notice period.
Withdrawal by us
- 8.3We are entitled to withdraw from the Agreement by unilateral declaration in the event of a gross breach of any obligation under the Agreement on your part, in particular, if you use the CRM Software in a manner contrary to this Agreement or your statutory obligations or other generally binding legal regulations. In such a case, we are entitled to claim damages thus incurred, including non-pecuniary damage.
- 8.4The Agreement will be terminated upon withdrawal, with effect as of the date the notice of withdrawal is delivered to you. With regard to the rules for the delivery of the notice of withdrawal, the provisions of clause 8.2. of the Terms apply mutatis mutandis.
Cancellation by you
- 8.5As a Customer, you are entitled to cancel your Instance in the CRM Software at any time via the CRM Software interface. Cancellation of the Instance will terminate the Agreement with effect as of the date on which you cancel your Instance.
Termination for late payment of the fee
- 8.6If you are in default in payment of the Fee for more than 60 days, the Agreement will be terminated with effect as of the date when your default in payment exceeds 60 days. In such a case, your Instance in the CRM Software will be canceled unless we agree otherwise in writing.
Backup upon termination of the agreement
- 8.7In the event of termination of the Agreement, the last backup of data is provided free of charge, subject to your request in writing in the manner set out in clause 6 of these Terms.
- 8.8However, in order for us to provide you with the aforementioned backup, you need to request it within 80 days of the termination of the Agreement. If you request it at a later date, the provision of the backup will most likely no longer be possible, as the data will have been irretrievably deleted by then.
9. Changes to the Terms and to the Amount of the Fee
- 9.1In order to provide top-quality, reliable services, we need to be able to change these Terms from time to time. Therefore, the Terms may be unilaterally amended or canceled by us in writing. However, you don’t need to worry. You will be informed of any changes well in advance and will have the opportunity to respond to them in case of your disagreement. No unpleasant surprises!
Terms amendment process
- 9.2You will always be informed of the changes to the Terms at least 15 days before such changes take effect via a notification in your Instance, a banner on our website or via email to the email address you have provided while signing up or to the one listed in your User Account in the CRM Software as the primary email address. In the event you disagree with the change of the Terms, you are entitled to withdraw from the Agreement by canceling your Instance within the meaning of clause 8.5. of these Terms. If you continue to use our CRM Software and other Services after the changes to the Terms come into effect, you will be deemed to have accepted such changes to the Terms.
Unilateral fee adjustment
- 9.3We are entitled to change the amount of the Fee and other items listed in the Price List, with the sole exception of fixed-term agreements. We will notify you of any change in the amount of the Fee in a similar manner as set out above for the changes to the Terms. The only difference being that we will always notify you of such an adjustment at least 30 days prior to it taking effect.
- 9.4The new amount of the Fee is binding for you, starting with the first Billing Period following the expiry of the period of 30 days.
10. Personal Data Protection
RAYNET as the controller of personal data
Data processing agreement
- 10.2RAYNET acts as the data processor in relation to the personal data entrusted to you by your customers and entered into the CRM Software. Along with the Agreement and these Terms, we also conclude a Data Processing Agreement attached as Annex 2 to these Terms, which provides more details on how your personal data is processed.
11. Electronic Signature Terms
- 11.1To help you put an end to the bureaucratic back-and-forth associated with signing agreements, we have added a feature to the CRM Software that will make the life of your sales reps easier. The Electronic Signature feature. You and your clients can now sign documents in a simple online environment.
Where to find the electronic signature feature
- 11.2To use the Electronic Signature feature, you need to have your Instance converted to the paid version. After doing that, you will find the Electronic Signature tab on the detailed record card. This tab will be displayed automatically and does not need to be turned on in Settings. You can find the Electronic Signature tab for these records:
- Sales Order.
Is there a tutorial?
- 11.3The Electronic Signature process itself is quick and easy and provides you with the instructions on what to do. However, if you still need help, you can find a tutorial here.
How the electronic signature feature works
- 11.4The Electronic Signature feature allows us to determine who signed the relevant document and at what time through a two-step verification process (mobile phone and email). The time of signature also constitutes evidence of the relevant person expressing their will. This is important, for example, when determining the precise time when an agreement was concluded, an order was received or an invoice was signed.
Compliance with the eIDAS regulation
- 11.5The described procedure for Electronic Signatures is in full compliance with the eIDAS Regulation (European Union Regulation No. 910/2014 on electronic identification and trust services for electronic transactions in the internal market). This ensures that the Electronic Signature is secure and valid across the EU.
Agreement signed online as evidence
- 11.6We certainly do not wish any disagreements or disputes upon anyone, but it is good to keep in mind that documents using Electronic Signature can be used as evidence in court or administrative proceedings. Such documents are binding in the same way as if signed in writing.
Period during which the document can be signed
- 11.7During the Electronic Signature setup process, you can set the period during which the document can be signed. You can also set a reminder for the expiry of such a period. If you do not adjust the settings, the default period for a signature is seven days.
Liability for damage due to omission
- 11.8We are not liable for any damage incurred in connection with your failure to set a longer or a shorter period for signing the document (e.g., if the period for the signing of the document expires).
Limitation of damage related to electronic signature
- 11.9In the event we cause you any damage in connection with the Electronic Signature feature (other than set out in the preceding paragraph), we are liable only for the actual damage up to the maximum of one monthly Fee.
Archiving and overview of signed documents
- 11.10Your signed documents are archived by DigiSign for the period of 3 years after they are signed. While using our CRM Software, you can access the archived documents under Settings – Add-ons – Electronic Signature – Overview.
How to retrieve an archived document when you stop using the CRM software
- 11.11If you stop using our CRM Software, you can request the archived documents by emailing us at firstname.lastname@example.org. In order to request an archived document, you must have the envelope (document) identifier, which can be found in your email inbox or audit message generated during the signing.
Free electronic signature
- 11.12Nobody wants to buy a pig in a poke, so you can try out the Electronic Signature feature free of charge. Every month. On up to 4 documents.
Electronic signature price – monthly plan
- 11.13Electronic Signatures exceeding four documents per month is provided on the basis of a fee-based monthly plan. When you come to love the Electronic Signature feature and find out that four documents per month are not enough, you can choose a monthly plan that suits your needs under Settings – Add-ons – Electronic Signature. Upgrade the plan further if required.
Downgrading the monthly plan
- 11.14If you need to downgrade your monthly plan for any reason, you can do so in the same way as upgrading, under Settings – Add-ons – Electronic Signature. If you would like to downgrade your custom plan, please contact our customer support.
Customized monthly plan
- 11.15We understand that life brings about situations that require a custom solution. That’s why, if you need to sign a large number of documents, we will provide you with an offer tailor-made to suit your needs that we can mutually agree on.
Billing of electronic signature
- 11.16As for Electronic Signature billing, you will find it as an additional item on your regular monthly invoice. No extra invoices!
Canceling the monthly plan
- 11.17If you decide to stop using the Electronic Signature feature, you may cancel the entire module at any time in Settings – Add-ons– Electronic Signature.
Electronic signature and personal data
Changes to the price and to the electronic signature terms
- 11.19We may change the price of the monthly plan, the terms and the Electronic Signature features in a similar manner as the price, terms and features of the CRM Software. The rules for changes to the price, terms and features of the CRM Software, including the provisions on notification of changes or liability, apply to Electronic Signature mutatis mutandis. For more information, refer to Articles 7. and 9. of these Terms.
Electronic signature availability
- 11.21Please note that the availability of the Electronic Signature feature may depend on the country in which you are located, which you expressly acknowledge. The same applies to the legal and/or factual characteristics of Electronic Signatures.
- 11.22You are solely responsible for ensuring that you find out for yourself all information regarding the compliance of the Online Signature feature with applicable legislation in your location. Before and during the first use of the Electronic Signature feature, you are obligated to find out in particular, in the light of the previous sentence, information regarding its binding, validity, effectiveness, nature and the rights arising from it.
- 11.23RAYNET is not liable for the accuracy, validity or completeness of the information it claims to provide regarding Electronic Signatures anywhere other than in the Czech Republic.
12. Final Provisions
- 12.1Relations under the Agreement are governed by Czech law, in particular, the Civil Code. The language of the Agreement is Czech. We also agree that conflict of laws provisions of the applicable law and the UN Conventions on Contracts for the International Sale of Goods will not apply.
- 12.2The rights and obligations set out in Article 5 of these Terms and clauses 7.4. – 7.9. and 8.7. – 8.8. of these Terms will survive the termination of the Agreement.
- 12.3As a Customer, you expressly agree that the District Court in Ostrava, or the Regional Court in Ostrava in cases under the jurisdiction of the Regional Court, will be the locally competent court for the resolution of any disputes or claims related to the use of the CRM Software.
- 12.4These Terms do not create any obligations on our part other than those set out in these Terms.
- 12.5In the event that any provision of these Terms is or becomes invalid or unenforceable, this will be without prejudice to the validity and enforceability of the remaining provisions of these Terms. Such provisions remain valid and enforceable in accordance with the terms set out in such provisions.
- 12.6The Agreement and these Terms constitute the sole and entire agreement between us relating to the CRM Software and fully supersede any prior representations, negotiations, undertakings, reports or advertising relating to the CRM Software.
Annexes to the terms
- 12.7The Price List is attached as Annex 1 of these Terms, which is also available in its current version on our website.
- 12.8The Data Processing Agreement is attached as Annex 2 of these Terms, which is also available in its current version on our website.
- 12.9These Terms come into effect no later than od November 14, 2023.