General Terms and Conditions

hereinafter referred to as the “GTC

I. Basic Provisions

  • These GTC govern the relations between the contracting parties.
  • Application: a web application created and managed by the Operator for online guest list management when organizing events. Through the Application it is possible to send invitations and tickets, create registration pages and carry out check-in at the event site. The Application is located on the domain www.attendu.com.
  • Operator: Attendu s.r.o., company ID: 24721123, with registered office at Londýnská 730/59, 120 00 Prague 2 – Vinohrady
  • User: consumer or entrepreneur.
  • A consumer is any person who, outside the scope of their business activity or outside the scope of the independent pursuit of their profession, concludes a contract with the Operator or otherwise deals with the Operator. Legal relations of the Operator with the consumer not expressly regulated by these GTC are governed by the relevant legislation on consumer contracts and consumer protection, in the wording in force and effect, as well as related regulations.
  • An entrepreneur is a person who independently carries out gainful activity on their own account and responsibility as a self-employed person or in a similar manner with the intention of doing so consistently for profit. For the purposes of consumer protection, an entrepreneur is also considered to be any person who enters into contracts related to their own business, production or similar activity or in the independent pursuit of their profession, or a person acting in the name or on behalf of an entrepreneur. For the purposes of the GTC, an entrepreneur means a person who acts in accordance with the preceding sentence in the course of their business activities. If the buyer states their identification number in an order, then they acknowledge that the rules stated in the GTC for entrepreneurs apply to them.
  • Address: created/assigned by the Operator for/to the User.
  • By placing an order, the User confirms that they have become familiar with these GTC before entering into the contract.

II. Pre-contractual Information

  • The Operator informs the User that
    • the cost of the means of distance communication does not differ from the basic rate (in the event of internet and telephone connection according to the conditions of the User’s operator, the Provider does not charge any additional fees);
    • it requires payment of the price of services based on an invoice issued electronically by the Operator, which is due 14 days from the date of delivery to the User;
    • the prices for Basic, Professional and Enterprise services are listed in the price list without VAT; the prices for Annual Plan services are negotiated individually on the basis of an e-mail order;
    • if the User is a consumer, such consumer has the right to withdraw from the contract (unless otherwise stated below) if they have concluded the contract by means of distance communication, within a period of fourteen days running from the date of ordering the service, and such withdrawal notice must be sent to the address of the registered office of the Operator;
    • The User – consumer may not withdraw from a contract:
      • on the provision of services that have been provided by the Provider with the User’s prior express consent before expiry of the withdrawal period;
      • on the delivery of services that have been modified according to the wishes of the User or tailored to the User;
    • The User – consumer is obliged to pay a proportionate part of the price in the event of withdrawal from the contract, the subject of which is the provision of services and the performance of which has already begun.

 

III. Conclusion of the Contract

  • The User may enter into a contract for services by creating a user account via the contact e-mail of the Operator. The Operator creates a working environment that is always on the domain attendu.com, each User chooses a domain and sends it to the Operator in an e-mail, and the Operator then sends the User an e-mail invitation to the working environment. Subsequently, the User registers (account creation).
  • After registration, the User orders the relevant package of services.
  • The Operator issues a tax document (invoice) in electronic form and sends it by e-mail to the User for payment.
  • The User may use the ordered service package immediately after ordering it.
  • For the Annual Plan service package, the User first contacts the Operator via the Operator’s contact e-mail, specifying the requirements for event(s) or the scope of services. The Application Operator sends a quotation to the User. By e-mail, the User confirms the parameters of the services and accepts the quotation; upon this, a contract between the Application Operator and the User for the Annual Plan service package is concluded.
  • As part of the ordered package of services, the User may at any time during the duration of the contractual relationship ask the Application Operator in writing for assistance in setting up services, for a demonstration of the use of various functions of the Application, etc. The User acknowledges that in such a case, the Operator will have access, to the necessary extent, to the User’s account and thus to the personal data of the data subject uploaded by the User to their account. The User acknowledges and agrees that in order to assist in setting up a package of services, demonstrating the use of various functions of the Application, etc. as requested by the User, the Operator may view the personal data of the data subject uploaded by the User to their account and use such personal data for these purposes.
  • The concluded contract (including the agreed price) may be changed or cancelled only on the basis of the agreement of the parties or on legal grounds, unless otherwise stated in the GTC.
  • The concluded contract is archived by the Operator for the period according to the relevant legal regulations, for the purpose of its successful performance and is not accessible to any third parties not involved. Information on the individual technical steps leading to the conclusion of the contract can be seen in these terms and conditions, where this process is clearly described.
  • By the contract, the Operator undertakes to provide the User with the ordered package of services and allow the User to use the package of services in the Application; the User undertakes to pay the Operator the price of the ordered package of services.
  • The seller reserves the right to deactivate the services provided if the User does not pay the price of the services in a due and timely manner.

 

IV. Types of Services

  • One-time services (1 service = 1 event)
    • They are divided into Basic, Professional and Enterprise packages of services.
    • Services are ordered by the User directly from the working environment, where the total price of the package of services is displayed to the User.
    • The maximum number of guests per event is always 100 guests.
    • It is possible to order multiple packages of services at once (e.g. three Professional packages for 300 guests).
    • Based on the ordered package of services, the User may create an event.
    • A precondition for ordering a package of services is that the User must have filled in the billing information in the working environment.
  • Monthly plan (The User chooses the level of service and the maximum number of guests per event)
    • The Monthly Plan package of services is negotiated on an individual basis.
    • The package of services is always connected with 1 working environment and a maximum of 10 event managers.
    • For each additional event manager, the price increases by 1% of the total price of the Monthly Plan.
    • The User determines what type of services they will have for the duration of the Monthly Plan (Basic, Professional, Enterprise). The User also chooses the maximum number of guests on the list for the duration of the Monthly Plan.
    • The User has the possibility to create an unlimited number of events for the agreed period of time, which are always within the scope of the ordered type of services and with the maximum number of guests ordered.
    • The User does not have the option to create an action that starts after the end of the Monthly Plan period.
    • Payment of the Monthly Plan package price will be made in regular monthly payments based on invoices issued by the Operator.
    • The Monthly Plan package will be activated by the Operator after payment of the first invoice issued.
    • If the User wants to increase the number of guests at one event during the Monthly Plan, the User shall pay only for the number of guests above the level of the ordered type of services, and this increase in the number of guests must be ordered from the Provider in advance at support@attendu.com.
    • The User is entitled to terminate the contract for the Monthly Plan by written notice delivered to the Operator. The notice period is 1 month.
  • Annual Plan (the User chooses the service level and the maximum number of guests per event)
    • The Annual Plan package of services is negotiated on an individual basis.
    • The package of services is always connected with 1 working environment and a maximum of 10 event managers.
    • For each additional event manager, the price increases by 1% of the total price of the Annual Plan.
    • The User determines what kind of services they will have for 1 year (Basic, Professional, Enterprise). At the same time, the User selects the maximum number of guests on the list for the duration of the Annual Plan.
    • The User may create an unlimited number of events for 1 year, always within the scope of the type of services ordered and with a maximum number of guests ordered.
    • The User may not create an event that starts after the end of the Annual Plan period.
    • Payment of the price of the Annual Plan package is possible only in advance on the basis of an invoice issued by the Operator before activation of the service.
    • The Annual Plan package will be activated by the Operator upon payment of the package price.
    • If the User wishes to increase the number of guests for one event in the course of the Annual Plan, the User will only pay for the number of guests above the level of the ordered type of services, and must order such increase in the number of guests in advance from the Provider at support@attendu.com.

 

V. Support

  • Support is available via e-mail support@attendu.com on weekdays (Monday through Friday) from 9:00 am to 6:00 pm of Central European Time.
  • Enterprise service package users are served on a priority basis.
  • The User may order priority support for the event from the Provider at an additional cost.

 

VI. Termination of the Contract

  • With regard to the fact that the User – consumer requires the Operator to start fulfilling its obligations under the contract before the expiry of the withdrawal period, the User undertakes to pay the Operator the price of services even if the User – consumer withdraws from the contract.
  • A User that is not a consumer may not withdraw from the contract without cause.
  • Any User or the Operator may withdraw from the contract only under the conditions specified in the legal regulations.
  • The Operator may withdraw from the contract if the User finds himself in arrears with the payment of the price of the ordered services, or part thereof, or if the User violates the contract or these GTC. In the event that the User finds himself in arrears with the payment of the price of the ordered services, or part thereof, the Operator is entitled to interrupt/stop the provision of services, i.e. to prevent the User from using the services, until the full payment of the outstanding amounts.
  • If the Operator discovers that the User is acting in violation of paragraph 7.2. and/or 7.5. of Article VII of these GTC, the Operator may withdraw from the contract if the User fails to remedy the situation within a reasonable time upon prior notice. In the case of the Annual Plan service package, the Provider is entitled to withdraw from the contract if the User acts at least 3 times in violation of paragraph 7.2 of these GTC and fails to remedy the situation within a reasonable time.
  • In the event of withdrawal from the contract by the Operator, the Operator is entitled to a contractual penalty equal to the price of the ordered services. The Provider is entitled to offset the already paid price of services against the contractual penalty.

 

VII. Rights and Obligations

  • The Operator is not responsible for any technical failure of the server operation caused through no fault of the Operator. However, the Operator is obliged to make every effort to ensure that the services are back up and running as soon as possible. If the failure is longer than four (4) hours, the Operator will inform the User via e-mail.
  • The User is not authorized to:
    • use a poor quality database and have a proportion of non-existent e-mail addresses higher than 50 contacts per event,
    • use the database without a valid legal ground (e.g. 100% verifiable consent of the data subjects),
    • send messages that are considered spam at a rate above 4 contacts per event.
  • In the event that the Operator discovers that the User is acting in violation of paragraph 7.2 of these GTC, the Operator is entitled to notify the User and ask them to remedy the situation within a reasonable time. At the same time, the Operator is entitled to interrupt the provision of services.
  • The Provider is also not liable for
    • timely updates of the Application;
    • the User’s use of the Application and use of the Services or inability to use them;
    • arrangement of replacement services;
    • an unauthorized access to, or alteration of, the User’s transmissions or data;
    • statements or conduct of any third party in the performance of the Services;
    • any damage incurred by the User through improper or inappropriate use of the Application and services by the User, in particular through any use contrary to the parameters of the Application and services and contrary to these GTC.
  • The User undertakes not to publish texts, images or videos, within the scope of using the Services, which in particular:
    • infringe copyrights, copyright-related rights, trademarks, trade names, protected designations of origin or industrial rights,
    • incite hatred against a group of persons or restriction of their rights and freedoms, or defame a nation, ethnic groups, races and beliefs,
    • support or promote movements demonstrably aimed at suppressing human rights and freedoms,
    • incite a crime or a mass failure to fulfil an important duty imposed by law, or condone a crime,
    • depict cruelty to an animal,
    • contain pornographic works depicting a child or an intercourse with an animal, or in which violence or disrespect for a person is displayed,
    • contain a false statement about another person, being capable of endangering to a significant extent their seriousness, good name or reputation, harming them at work, disrupting their family relations or causing them other serious harm,
    • violate statutory confidentiality obligations, or violate or put in danger the trade secrets of a third party,
    • contain the work of another author without stating the original author or source.
  • The User undertakes to compensate the Provider for all damage incurred by the Provider from the User’s actions in violation of the contract and these GTC.
  • The conclusion of the contract does not constitute the granting of a license for the Application within the meaning of Section 2358 et seq. of Act No. 89/2012 Coll., the Civil Code. In particular, the User is not entitled to
    • copy, distribute, separate parts of the Application or create derivative works from the Application;
    • sell, sublicense, rent or lease the Application, borrow it or use it for the provision of commercial services;
    • reverse engineer, decompile, convert the Application into source code or otherwise try to obtain the source code of the Application.
  • The User agrees that you will only use the Application in a manner that complies with all applicable laws of the Czech Republic, in particular with applicable restrictions arising from copyright and other intellectual property rights.
  • The User undertakes that you will only use the Application and the services in a manner that does not restrict the access to such services for other users.

 

VIII. Protection of Personal Data

  • According to Regulation (EU) 2016/679 of the European Parliament and of the Council, the Provider is the controller of the User’s personal data.
  • The legal basis for processing is the performance of a contract, and the purpose of processing is the provision of services under the contract.
  • Recipients of personal data:
    • Public authorities (e.g. courts, administrative bodies).
    • Legal, accounting and tax services providers.
    • Other recipients according to the User’s needs and instructions.
  • Duration of processing of personal data. Personal data will be processed for the duration of the contract, and after its termination will be handled according to the applicable legislation, in particular Act No. 499/2004 Coll. (Act on archiving and file service and on amendments to certain acts) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
  • Rights of the User
    • The right to access personal data means that the User has the right to obtain information from the Provider about whether it processes his/her personal data and, if so, what the data is and how it is processed. The User also has the right to have the Provider correct inaccurate personal data concerning him/her without undue delay upon request. The User has the right to complete incomplete personal data at any time.
    • The right to obtain the erasure of personal data constitutes the obligation of the Provider to destroy personal data processed about the User, but provided that the conditions for its destruction are met and the User requests the erasure.
    • The right to restriction means that the User has the right to obtain from the Provider restriction of the processing of his/her personal data in certain cases. The User has the right to object at any time to processing that is based on the legitimate interests of the Provider or a third party or is necessary for the performance of a task carried out in the public interest or in the exercise of official authority.
    • The right to data portability gives the User the opportunity to obtain the personal data, which he/she has provided to the Provider, in a common and machine-readable format. He/she may subsequently transfer this data to another controller or, if technically feasible, request that the controllers transfer it among themselves.
  • The right to withdraw consent to the processing of personal data at any time does not apply because the User’s personal data are processed for the purpose of performing a contract concluded with the User, not on the basis of consent to the processing.
  • If the User is in any way dissatisfied with the processing of his/her personal data carried out by the Provider, he/she may lodge a complaint directly with him/her or contact the Office for Personal Data Protection.

 

IX. Final Arrangements

  • Other relationships not regulated in the contract and/or these GTC are governed by the applicable laws of the Czech Republic, in particular by Act No. 89/2012 Coll., the Civil Code, as amended.
  • These GTC are valid and effective from 1 September 2023 and supersede the previous version of the GTC.
  • The seller reserves the right to change these GTC without prior notice.