Terms & Conditions

These Terms & Conditions (hereinafter "Terms") govern the rights and obligations between:

• Provider: David Azarian
• Business name: Kosmoweb
• IČO: 17064619
• Address: K Beranovu 1190/15, 184 00 Praha 8, Czech Republic
• Email: [email protected]
• Phone: +420 774 147 594

and a natural or legal person ordering the Services (hereinafter "Client").

Definitions

• Services – development of websites, web applications, mobile applications, MVP products, and related digital solutions
• Client – a natural or legal person ordering the Services
• Order – a written or electronic order of Services based on the Provider's proposal
• Work – the output of Services delivered to the Client (website, application, design, etc.)
• Contract – a contractual relationship established by the Client's acceptance of the Provider's proposal

These Terms are governed by Act No. 89/2012 Coll., the Civil Code of the Czech Republic, as amended.

The Provider offers the following Services:

• Website development – design and implementation of custom responsive websites
• Web application development – creation of interactive web applications including backend and frontend
• Mobile application development – design and development of applications for iOS and Android
• MVP (Minimum Viable Product) – rapid development of a functional prototype to validate a business idea
• Additional services – SEO optimization, maintenance, consulting, and other services as individually agreed

The specific scope of Services is always specified in the Provider's proposal and confirmed by the Client.

The contractual relationship between the Provider and the Client is established as follows:

• Inquiry – the Client contacts the Provider with a description of their requirements via the contact form, email, or phone
• Proposal – the Provider prepares a price proposal containing the specification of the Work, price, estimated timeline, and payment terms
• Acceptance – the Contract is formed upon the Client's written (including email) confirmation of the proposal and payment of the deposit

The Provider's proposal is valid for 30 days from the date of dispatch, unless stated otherwise. Content published on the Website is for informational purposes only and does not constitute a binding offer.

Prices for Services are determined individually based on the scope and complexity of the project. Unless otherwise agreed, the following payment terms apply:

• Deposit: 50% of the total price – due before work begins
• Final payment: 50% of the total price – due upon delivery of the Work
• Invoice due date: 14 days from the date of issue

The Provider is not a VAT payer. In case of late payment, the Provider is entitled to charge late payment interest of 0.05% of the outstanding amount per day. The Provider also reserves the right to suspend work on the project until all due invoices are paid.

The estimated delivery date of the Work is specified in the proposal. The delivery deadline may be extended in case of:

• Changes to the specification at the Client's request
• Client's delay in providing materials or feedback
• Force majeure (see Section 10)

Acceptance Procedure

Upon completion, the Provider delivers the Work to the Client for acceptance. The Client has 7 business days to review and report any defects. If the Client does not respond within the deadline, the Work is deemed accepted without reservations.

Minor defects that do not prevent normal use of the Work are not grounds for refusal of acceptance.

For proper performance of the Contract, the Client agrees to:

• Provide materials – texts, images, logos, and other materials needed for the Work within agreed deadlines
• Provide feedback – respond to the Provider's questions and proposals within 5 business days, unless otherwise agreed
• Designate a contact person – appoint a person authorized to communicate and approve deliverables on behalf of the Client
• Provide access – supply necessary credentials (hosting, domain, existing systems)
• Respect copyrights – ensure that provided materials do not infringe third-party rights

If the Client's delay in providing materials or feedback exceeds 14 days, the Provider is entitled to proportionally extend the delivery deadline.

Custom Work

All proprietary rights to custom Work are transferred to the Client upon full payment. Until full payment, proprietary rights remain with the Provider.

Third-Party Components

The Work may contain open-source components, templates, or third-party libraries subject to their own license terms. The Provider informs the Client about the components used and their licenses.

Portfolio Rights

The Provider reserves the right to feature the Work in its portfolio and reference materials, including screenshots and project descriptions, unless otherwise agreed in writing.

Website Content

All content on the Provider's Website – including text, graphics, logos, images, designs, and code – is the intellectual property of the Provider and is protected by applicable copyright laws.

The Provider provides a warranty on the Work for a period of 30 days from its delivery and acceptance by the Client.

Warranty Covers

• Functional code errors that prevent the Work from operating correctly as specified
• Responsiveness issues on devices and browsers specified in the proposal
• Deviations from the approved graphic specification

Warranty Does Not Cover

• Defects caused by the Client's or third-party modifications to the code
• Issues caused by changes in the hosting environment or third-party services
• New requirements or extensions beyond the original specification
• Normal technology wear (browser updates, operating system updates)

Defects reported within the warranty period will be fixed free of charge within a reasonable timeframe.

The Provider's total liability for damages arising from or in connection with the Contract is limited to the total price of the Work paid by the Client under the respective Contract.

The Provider is not liable for:

• Lost profits, data loss, or indirect and consequential damages
• Damages resulting from the Client's improper use of the Work
• Outages of third-party services (hosting, domains, APIs)
• Content errors in materials provided by the Client

The Provider's Website and its content are provided "as is" without any express or implied warranties.

Cancellation by Client

The Client may withdraw from the Contract at any time by written notice. In such case, the Client is obligated to pay:

• All work performed to date in proportion to the total price
• Demonstrably incurred costs related to the project

The deposit is non-refundable if the Provider has already commenced work on the project.

Cancellation by Provider

The Provider may withdraw from the Contract if the Client is in payment default for more than 30 days or repeatedly fails to fulfill their obligations under Section 6.

Force Majeure

Neither party shall be liable for failure to perform obligations caused by circumstances beyond their reasonable control, including natural disasters, armed conflicts, pandemics, infrastructure failures, or acts of public authorities.

Content published on the Provider's Website is for informational purposes only and does not constitute a binding offer or professional advice.

As a user, you agree to:

• Use the Website only for lawful purposes and in accordance with these Terms
• Not attempt to gain unauthorized access to any part of the Website or its systems
• Not use the Website in any way that could damage, disable, or impair the Website or interfere with other users
• Not use automated tools to scrape, crawl, or extract data from the Website without prior written consent

The Website may contain links to external websites operated by third parties. The Provider has no control over the content, privacy policies, or practices of these external sites and assumes no responsibility for them. Following any external link is at your own risk.

The parties agree that electronic communication via email is considered a binding written form of communication for the purposes of this Contract.

By using the contact form or sending an email to the Provider, you consent to receiving electronic communications from us. These communications may include responses to your inquiries, project-related information, or other messages relevant to the Services.

A notice is deemed delivered at the moment the email is sent to the address provided by the other party, unless the sender receives an automatic non-delivery notification.

The Provider processes the Client's personal data in accordance with Regulation (EU) 2016/679 (GDPR) and Act No. 110/2019 Coll., on Personal Data Processing.

Detailed information about personal data processing, including scope, purpose, retention period, and data subject rights, can be found in our Privacy Policy.

These Terms are governed by and construed in accordance with the laws of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code.

All disputes arising from these Terms or the Contract shall be resolved primarily through amicable settlement. If no agreement is reached, disputes shall be decided by the competent courts of the Czech Republic.

If the Client is a consumer, they have the right to out-of-court resolution of consumer disputes at the Czech Trade Inspection Authority (ČOI):

• Czech Trade Inspection Authority
• Central Inspectorate – ADR Department
• Štěpánská 567/15, 120 00 Prague 2
• Website: www.coi.cz

Severability Clause

If any provision of these Terms is found to be invalid or unenforceable, this does not affect the validity and enforceability of the remaining provisions. The invalid provision shall be replaced by a provision that most closely reflects the original intent.

Changes to Terms

The Provider reserves the right to amend these Terms at any time. The current version of the Terms is always published on the Website with the effective date. For already concluded Contracts, the version of the Terms effective at the time of the Contract's conclusion applies.

Entirety of Agreement

These Terms, together with the proposal and any annexes, constitute the entire agreement between the Provider and the Client and supersede all prior arrangements regarding the subject matter of the Contract.

If you have any questions about these Terms & Conditions, please contact us:

• Email: [email protected]
• Phone: +420 774 147 594
• Address: K Beranovu 1190/15, 184 00 Praha 8, Czech Republic