Terms and conditions
of the company SportSoft, spol. s r.o., with its registered office at Nám. Svobody 13, 385 01 Vimperk, Identification no.: 62502077 (hereinafter referred to as Contractor) for the provision of time measurement services.
1. “GCTC” shall mean these General Contract Conditions
2. “Contractor” shall mean the company SportSoft, spol. s r.o., with its registered office at Nám. Svobody 13, 385 01 Vimperk, Identification no.: 62502077
3. “Client“ shall mean a specific person interested in the procurement of services. Based on mutual agreement, a Contract of Work shall be made between Client and Contractor with respect to the provision of time measurement services for a Race specified thereunder.
4. “Race“ shall mean a Race for any category of competitors which takes place within the single event specified by the promoter during one day or two successive days while two Races with the same designation are not held in any category during such event.
5. “Contract“ or “Contract for Work“ shall mean any Contract concluded between Contractor and Client which refers to these GCTC and to the provision of time measurement services by Contractor, or any other promoter services.
1. The deliverable of each specific order shall always be specified in the Contractor’s technical specification which shall form a schedule to the price bid and the Contract for Work.
2. Unless otherwise specified in the Contract, the Contractor’s deliverable shall not include, but not limited to, laying (marking) out tracks for the individual Race categories, maintenance of such tracks during the Race and safety of Racers on the track, or any other services related to organization of the Race that are not directly linked to Racers, measurement of their results and processing of such acquired data. If not agreed otherwise between the parties to Contract, the deliverable shall not include the official announcement and presentation of Race results, except of the access to result lists according to technical specification of the Contract as well as the display of current standings and final results for the individual Race categories on result monitors in the finish area.
3. The Contractor’s deliverable shall not include the entry fee collection and payment accounting. Such payment accounting shall be the Client’s responsibility, including the collection thereof.
III. Client’s co-operation
1. Client shall, at its own cost, allow Contractor to place the necessary equipment in the start and finish area at no cost to Contractor during the Race (space for the technical vehicle at least 5x5 m, or a technical room with the size at least 8m2 and heating at min. 18°C) with power supply 220V connection. Client shall undertake to provide such area as required by Contractor at least during the day which precedes the first day of the Race.
2. Client shall submit the necessary Race data to Contractor well in advance (at least 30 days before Race date), including the contact person for co-ordination of preparation for the Race to allow on-line registration of competitors.
3. Similarly, Client shall provide information to Contractor as needed for registration of competitors and processing of their results, which of the competitors have paid the entry fee to allow disqualification of those who did not meet the registration conditions.
4. Client shall be responsible towards Contractor that chips of the Race competitors handed over by Contractor during the presentation prior to the start of the Race are returned to Contractor after the end of the Race and their quantity equals to the presented number of participants in such Race. Contractor shall charge Client the price of CZK 250 for each missing chip after the Race. Similarly, Client shall be liable for any damage that might be incurred by Contractor with respect to its equipment and devices used to perform its obligations arising from or in connection with the Contract for Work, including any damage caused by the Race participants or the crowd, except of any damage due to the Contractor’s fault.
5. Client may cancel the Race ex parte. In such case, any Contract for Work relating to the Contractor’s services as regulated hereunder shall become void. The void effect shall be produced by giving written notice to Contractor.
IV. Contractor’s obligations
1. Contractor shall provide to Client any and all services listed in the technical specification which constitutes an annex to Contract for Work. Unless stipulated otherwise by the contracting parties, Contractor shall ensure on–line registration of participants 30 days before the Race is held as well as their presentation at the Race venue from 7 am. on the first day of the Race until 1 hour before the start of the specific category. Race time measurement for each category shall be provided by Contractor at the finish line.
2. A Race protocol shall be prepared for services supplied under a Contract within the entire Race. Contractor shall submit one copy thereof to Client after the end of the Race and Client shall be entitled to add its comments or possible objections with respect to quality of supplied services.
3. Protests presented by individual competitors against results or the racing course of the individual categories shall be received by Client while each protest related to the Contractor’s services (lists of results) shall be addressed by Contractor within 14 (fourteen) days of Race date.
4. Contractor shall present Race results, even for the individual categories, to Client after the Race both in paper form (list of results) and electronic form. Client shall only be entitled to handle such data when the price of services is fully paid under a concluded Contract based on which such data are presented to Client. Until then, all submitted data shall remain the Contractor’s property who shall be entitled to, in case of Client’s delay, demand that data are returned on the original storage media, including any copies made thereof. If the Client’s obligations under this clause are breached, Client shall pay to Contractor a Contractual penalty of CZK 10,000.00 for each single breach.
5. Contractor may terminate the Contract by giving written notice to Client if technical conditions or any other serious circumstances prevent Client to fulfill its obligations arising from the Contract. If so, Client shall be eligible to compensation (cancellation fee) as follows:
- CZK 3000 in case of termination 60 and more days prior to the agreed date of Race
- CZK 5000 in case of termination 59 to 30 days prior to the agreed date of Race
- CZK 10,000 in case of termination less than 30 days prior to the agreed date of Race
V. Personal data processing
1. The personal data of each competitor in the Race shall be taken over by Contractor from competitors on behalf of Client and such personal data shall be processed by Contractor on behalf of Client during measurement and evaluation of results in each Race category. The responsibility for legitimate takeover and handling of such personal data within the Contractor’s performance of each Contract shall rest with Client with respect to performance of duties according to the current legislation.
2. By concluding a specific Contract for Work related to the provision of services regulated hereunder, Client grants to Contractor an express and full consent to process all personal data which Contractor obtains from the individual competitors on Client’s behalf during the Contractor’s performance under such Contract in a manner envisaged thereunder and in these GCTC, including their publication in lists of results for the individual Race categories (Contractor shall undertake to minimize personal data of competitors in lists of results to the extent necessary to distinguish them).
3. Contractor may reject to register a participant for the Race if they do not grant Contractor consent to processing of their personal data within the Contractor’s performance under the Contract or these GCTC.
VI. Price agreement
1. The total price for services under a specific Contract related to a single Race shall be agreed by the contracting parties within the relevant Contract for Work. The service price does not include board and lodging in the place of the Race which shall be invoiced separately unless Client provides, at its own cost, board and lodging to Contractor.
2. Unless the contracting parties stipulate otherwise in these GCTC or under the specific Contract, the prices provided therein shall be exclusive of VAT to be charged at the rate applied for the given period by the relevant legislation.
3. If Client terminates unilaterally the Contract, or cancels the Race, thus rescinding the Contract for Work, Contractor shall be eligible to compensation (cancellation fee) as follows:
- 50% of the agreed price for the Contractor’s services if the Race is cancelled 60 and more days before its agreed date;
- 80% of the agreed price for the Contractor’s services if the Race is cancelled 59 to 30 days before its agreed date; and
- 100% of the agreed price for the Contractor’s services if the Race is cancelled less than 30 days before its agreed date.
4. If the contracting parties have agreed to cancel a Race, the amount of compensation shall be governed by agreement which shall be executed in writing. If no compensation is specified in such agreement, then it shall amount to 30% of the agreed price for the Contractor’s services.
5. If not stipulated otherwise in the Contract between the parties, Client shall pay an advance invoice issued by Contractor for 30% of the agreed service price. The issue date of advance invoice shall be the date of Contract for Work concluded between Contractor and Client. The invoice shall be paid within 14 days.
6. The price of services shall be invoiced by Contractor based on a Race protocol after the end of the Race and the invoice shall be paid within 14 days. The invoice shall be considered as delivered on the third day after deposit in the Czech mail.
7. If Client should be delayed in payment of an issued invoice, Contractor shall apply a Contractual penalty at 0.5% of the amount due per each day of delay.
8. The contracting parties shall not be entitled to set off their mutual claims arising from or in connection with a Contract for Work.
1. For the period of delay on part of Client in settling its payables to Contractor, Contractor shall not be obliged to perform the services specified in the Contract. It shall apply without prejudice to the Contractor’s entitlement to remuneration (price of services) under the Contract.
2. If Contractor should be delayed in satisfying its obligations arising from the Contract, Client may terminate the Contract without the Contractor’s entitlement to compensation. Similarly, Contractor may terminate the Contract if Client is delayed in satisfying any of its obligations under the Contract.
3. In case of termination, the Contract shall expire upon the delivery of written notice to the other party whereas the Contract shall be expired on the date of such delivery. The final account shall be established as of the given date. Any claims from both contracting parties based on such Contract to date shall not be affected by the termination.
VIII. Final Provisions
1. If not stipulated otherwise in the Contract, the rights and obligations of the contracting parties arising from or in connection with the Contract and these GCTC shall be governed by the relevant provisions of the Commercial Code.
2. The content of a concluded Contract may only be changed or supplemented by the contracting parties using written amendments, or by other agreement in writing between the contracting parties.
3. Every Contract shall include a technical specification of services provided by Contractor and these GCTC
4. The District Court in Prachatice shall have jurisdiction over disputes between the parties arising out of or relating to the Contract claims within the meaning of the provision of Section 89a of the Civil Procedure Code.
Vimperk on 11 December, 2007
SportSoft, spol. s r.o.
Ing. Petr Samek, CEO