Client Zone and Wallet valid from 01 june 2023
Client Zone and Wallet
The following text represents the terms and conditions, upon the agreement of which a registered user (hereinafter User or Users) undertakes to adhere to to the rules stipulated therein (hereinafter the Terms and Conditions). If any User breaches the present Terms and Conditions in any way, the operator, Seznam.cz, a.s., with their registered office at Radlická 3294/10, 150 00 Prague 5, Company Identification Number: 26168685, registered in the Commercial Register administered by the Municipal Court in Prague, Section B, Entry 6493 (hereinafter referred to as the “Operator”), may apply the remedies contained in the Terms and Conditions.
While using the Client Zone and Wallet services, the User and the Operator are obligated to observe the Terms and Conditions in the wording valid on the day of the contract's conclusion (that means on the day these Terms and Conditions are accepted by the User).
Contact details for the Operator are available at the following internet address (URL): https://o.seznam.cz/kontakty/.
I. Definition of Terms
1. Client Zone (hereinafter referred to as the “Client Zone") refers to the application accessible at (URL): https://klient.seznam.cz, intended for registered Users of the services provided by the Operator.
2. The Client Zone is an interface of the Operator which allows Users to access statistics of User campaigns, allows access to Wallet services and to administration interfaces of individual services of the Operator including other functionalities.
3. A registered User of the Operator refers to an entity registered under a user profile and utilising the services offered by the Operator.
4. Wallet (hereinafter referred to as the "Wallet") refers to the application accessible at (URL): https://klient.seznam.cz, intended for the Operator’s registered Users as means of payment for the Operator’s provided services.
5. Credit (hereinafter referred to as "Credit") denotes a sum of a registered User’s funds available for use using the Wallet service, or the sum of all advance payments made and not yet used by the User, which the User has provided to the Operator with the intention to pay or make an advance payment for the services taken advantage of by the User and offered by the Operator. The administration of Credit performed by the Operator is not subject to any monetary obligations except for payments for special fees specified below in these Terms and Conditions. Remaining credit balance refers to the remaining funds of the User or the total of the advance payments made by the User tied to utilisation for payments under the Wallet system at the given moment.
Bonus credit (hereinafter referred to as “Bonus Credit”) denotes the sum of funds administered in the dedicated “Bonus Credit” section within the Client Zone and Wallet services. If a registered User takes advantage of any of the Operator's ongoing special offers, Bonus Credit is added to the Credit they have deposited into their Wallet once they apply a special code. The Bonus Credit amount depends on the Operator’s related special offer and information on the grant and amount of the Bonus Credit is indicated in the invoice-fiscal receipt.
6. Partner Programme Commission (hereinafter referred to as “Commission”) denotes a commission to be obtained by the User registered in the Operator’s partner programme in return for ad views and clicks via Users’ websites.
II. Client Zone service registration and Wallet service credit top-ups
1. The User is authorised to register for the Client services by entering the user name and password provided by the User for other services offered by the Operator. Once the given information is entered and the User agrees to the Terms and Conditions, the User is allowed to access the Client Zone and also charge/recharge their credit for use with the Wallet service.
2. The Credit of the User may only be recharged in Czech currency.
3. After registering a new account, the User is asked to complete invoicing information. Until the invoicing information of the User is approved by the Operator, the User is regarded as an unregistered User. The Operator has 2 business days to either approve or reject the User’s invoicing information. The Operator has the right to reject invoicing information, also repeatedly, if the Operator discovers discrepancies between the entered information and the actual reality. The Operator may adjust the information they have provided based on data/information found in the Commercial Register and other public registers and lists and public administration records on economic operators. Until the invoicing information is approved, the unauthorised User may only be issued simplified tax documents. After approval of the invoicing information, the User is regarded as a registered User.
4. Credit of an authorised User may be recharged up to an unlimited amount but within the range defined by the Wallet interface, and may be recharged repeatedly. The maximum possible amount of remaining Credit for one authorised User may not exceed CZK 1,000,000 including VAT. An unauthorised User is entitled to execute a one-off Credit recharge up to CZK 10,000.00 including VAT. The maximum allowed amount of remaining Credit for unauthorised Users may not exceed CZK 10,000 including VAT.
5. Should the remaining Credit of an authorised User exceed CZK 1,000,000 including VAT, the Operator reserves the right to reject any additional credit recharge above the maximum limit and, if at the same time, such over-limit payment (recharge) is executed, the Operator shall return the amount to the User’s account used for the payment. Should the remaining Credit of an unauthorised User exceed CZK 10,000 including VAT, the Operator reserves the right to reject any additional credit recharge above the maximum limit and, if at the same time, such an over-limit payment (recharge) is executed, the Operator shall return the amount to the User’s account used for the payment.
6. The Operator reserves the right to reject any payment by the User if the amount of the payment is below the Wallet limit, which is CZK 29 including VAT. In such circumstances, the Operator may charge the User bank fees in connection with the return/rejection of such transaction as well as any handling fees in line with the Fee Tariff specified in Annex 1 attached to these Terms and Conditions (hereinafter only the “Tariff”).
7. The authorised User is entitled to transfer Credit from their account to the account of another authorised User assuming that these Users are authorised for the same legal entity or natural person and thus have the same invoicing data approved by the Operator. In the event of a Credit transfer as per the present paragraph, the Operator shall issue a corrective fiscal receipt in respect of the invoice / fiscal receipt concerned, or a corrective fiscal receipt in respect of a receipt relating to a received advance payment, in the amount corresponding to the amount of the Credit being transferred, and at once, issue an invoice / fiscal receipt to increase the Credit amount on the new account, or issue a receipt in respect of the received advance payment to increase the Credit amount on the new account, always stating the same amount. Credit can be transferred within 3 years of the end of the tax period in which the Credit was recharged. Within the scope of transfer of the Credit between the authorised Users, it is necessary to observe the limits set in Article II, paragraphs 4 to 6 of the Contract Terms and Conditions. An authorised User who wishes to transfer their Credit must agree to the issue and acceptance of a corrective fiscal receipt in respect of the invoice concerned, or in respect of the receipt relating to the received advance payment, and to the rectified tax base and tax amount pursuant to Article 42(3)(b), on value added tax, as amended.
8. The Credit may be topped up using one of the supported payment methods offered by the Wallet service (including conversion of a Commission into Credit in compliance with Article IV of the Terms and Conditions). The Operator is not liable for any consequences due to executed transactions or for possible misuse.
9. The User may also utilise the so-called Easy payment by using a card. After creating a registration order through the Wallet interface, the User does not need to re-enter the information on the payment card again when making payments. To recharge Credit, the registration order is used. User credit card information is stored by the given payment gateway provider, which shall also execute the payment. The User has the option to set Automatic simple card payments where the User, on the basis of the settings, allows the Operator to make additional payments through the User’s payment card and increase the Credit. The Operator shall not be liable for such payments or for any drawings from the User’s bank account if they were made in compliance with the Wallet settings.
10. The User is allowed to access and display the remaining amount of Credit or to view transactions executed through the Wallet after logging into their user account in the Client Zone. Where the Credit is being increased through an advance payment, the amount corresponding to the transactions executed during the past settlement period, which may not exceed one calendar month, will be part of the settlement invoice relating to the received advance payment. In the event of any discrepancies, the User may claim the Credit or transaction balance with the Operator, but they must do so as soon as they become aware of such discrepancy and in any event within three calendar months of the execution of the transaction concerned at the latest. The User must support the given claim with the applicable documents.
11. Should the User ask the Operator to return funds credited to the Wallet, the User must specify the amount they wish to have returned, the user account number and the reason for the return. The request must be sent in writing to the Operator’s registered address with the User’s handwritten signature, or by email with the User’s electronic signature to fakturace@firma.seznam.cz. Funds shall be returned to the bank account which was used to charge the Credit or to another bank account published by the User in the given register of VAT payers. Should the User wish the funds to be credited to a different bank account, the Operator reserves the right to ask the User (who is a physical entity) to provide a request with the officially verified signature, and the User (who is a legal entity) a request with the original signature of the statutory body of the User including their official stamp. Further, the Operator reserves the right to reject the request. The Operator reserves the right not to return the funds while the User remains registered as an unreliable VAT payer. In case of Credit return, the Operator also reserves the right to charge the User, in addition to the banking fees related to the given transaction, a Credit return fee equal to 21% of the funds that are to be returned, but at least CZK 1,000.00. In justified cases, the Operator reserves the right to lower the requested return amount in line with the Tariff to CZK 50 per transaction. By signing and sending the request for return of the given funds or by sending an electronic request for funds return from the Wallet to the Operator, the User agrees and authorises the Operator to deduct the above fees from the remaining Credit balance. Should the Credit balance not be sufficient to cover the fees related to the transaction, the Operator is not obligated to execute the transaction. Funds are to be returned by bank transfer and cannot be returned in the form of cash or through a payment order issued by the Czech Post Office. No later than by the day when the request for the funds return is signed, or when the electronic request for the funds return (back to the Wallet) is sent, the User is obligated to stop using the services of the Operator, otherwise, the Operator cannot guarantee that the requested funds, as specified on the User’s request, will be returned. The Operator cannot issue a credit note on behalf of the User for Credit that was recharged more than 3 years ago due to the provisions of paragraph 42 of Act No. 235/2004 Coll., on value added tax, as amended, because the tax base and tax amount cannot be amended after a 3-year period has expired following the end of the original taxable delivery.
12. Invoices / Tax documents or simplified tax documents will be issued within 15 calendar days following the day the payment was credited to the account number of the Operator. For an advance payment, the Operator shall issue a fiscal receipt for the received advance payment within 15 calendar days of the date the advance payment is credited to the Operator's account. In such a case, the Operator shall in addition issue a settlement invoice / fiscal receipt in respect of the received advance payment for each calendar month in which the transaction was executed and the amount was debited to the Credit. The settlement invoice – tax document is issued within 15 calendar days of the end of the relevant period at the latest. The period for which the settlement invoice is issued starts running on the first day of this period and ends on the last day of the period for which it is issued, but at the latest on the last day of the calendar month for which the invoice is issued. Invoices / Tax documents are issued with the invoicing information that the authorised User filled out when registering for the Client Zone, and which was approved by the Operator. Invoicing data on an already issued tax document cannot be retrospectively modified. Should the User be regarded as an unauthorised User on the day of tax document issuance, the Operator shall issue a simplified tax document. A simplified tax document cannot be modified or changed retroactively. The date of taxable delivery for the advance payment shall be the date on which the payment is credited to the account number of the Operator or when the Credit is increased, whichever occurs earlier. The day of taxable performance falls on the last day of the period, in respect of which the Operator has issued the settlement invoice / fiscal receipt relating to the received advance payment.
All invoices / fiscal receipts or simplified fiscal receipts issued in accordance with these Terms and Conditions are available for download by the User in the Client Zone after logging into their account, and the User consents to this by agreeing to the Terms and Conditions. In the Client Zone, the User can consent to receiving these documents via email and enter their contact e-mail address. If the User does not consent to receiving the documents in this way , they may request that the Operator send them by regular mail. In such case, the User shall send a delivery method change request to fakturace@firma.seznam.cz indicating the correspondence address at which they wish to receive the documents. The Operator reserves a period of 2 business days for processing this request. During the aforementioned period, the Operator may serve the documents by uploading them to the User's account.
13. The User is aware that by accepting these Terms and Conditions, the User agrees that if the Credit is not used up within 3 years after the last change to the remaining Credit balance (either increased or decreased), the unused remaining credit shall be forfeited on behalf of the Operator, therefore, the User is not entitled to demand a Credit return or to use the services of the Operator up to the limit of the remaining Credit.
14. If the User decides to transfer their account with the Operator (hereinafter referred to as "Pre-Authorisation") to another User (i.e. a User with a different identification number), then during the period between the transferring User entering the Pre-Authorisation Order in the Operator's system and 24 hours after the completion of the Pre-Authorisation, the following applies:
III. Services that may be paid using the Wallet
1. The Wallet may only be used to pay for the Operator's services provided via the www.seznam.cz website or other websites operated by the Operator, in respect of which the Operator has authorised the use of the Wallet application as means of payment.
2. The use of the Credit including the amount, time interval, etc., is subject to individual terms and conditions applicable to the services used by the User.
IV. Partner programme commission
1. If a User who has agreed to the partner programme‘s terms and conditions (https://partner.seznam.cz/) (hereinafter referred to as "Partner") becomes entitled to a commission and the commission has been approved by the Operator in accordance with the parner programme‘s terms and conditions https://napoveda.sklik.cz/partner/smluvni-podminky/, the approved commission will be shown in the User‘s Client Zone: https://klient.seznam.cz/wallet.
2. If the commission in the Partner's Client Zone amounts to CZK 1,000 or more, it can be credited to the Partner's verified bank account or transferred to the Credit in the Partner's Wallet, provided that the following conditions are met at the same time:
• The Partner has been authorised in accordance with Article II of the present Terms and Conditions;
• The Partner's bank account has been entered and at the same time the Partner has been physically verified by the User entering a verification code in the Client Zone (in the Client Zone application: https://klient.seznam.cz/wallet), which the User has received in writing via postal licence holder or data box; or has been verified by the User‘s bank identity;
• The User has indicated the preferred Commission payment method, namely payment to the User’s verified bank account or transfer to the Wallet Credit; the Commission payment methods may not be combined; the Commission may either be paid in full to the User’s bank account or transferred to their Wallet Credit.
Unless these conditions are met, the User may not dispose of their Commission in any way. The above data is used to authenticate the Partner, who is obliged to keep the data up-to-date during the entire term of cooperation under the Seznam Partner service. If the Commission must be sent repeatedly due to the indicated invoicing data or bank account number being incorrect, the Commission amount shall be reduced by any bank fees incurred by the Operator in connection with the returned and repeated payment. If the Partner repeatedly indicates incorrect invoicing details or bank account numbers, the Commission shall not be paid until a remedy has been agreed.
3. The approved Commission amount shown in the Client Zone constitutes the tax base. Such approved Commission can be paid if it reaches the amount of CZK 1,000. For a VAT payer, the issued invoice is accepted, for instance: CZK 1,000 + VAT. For a payer not liable to VAT, an invoice issued in the amount of CZK 1,000 is accepted.
4. If the authorised User does not decide otherwise, then an invoice (tax document) in the amount of the approved Commission shall be issued by the Operator in the name of the Partner by the 15th day of the month at the latest. Where the User has opted for Commission payment, the invoice will be paid by the due date indicated in the invoice. Where the User has opted for Commission transfer to the Credit, the invoice shall be offset against an invoice / fiscal receipt, or against a fiscal receipt in respect of a received advance payment to be issued by the Operator for the Partner and based on which the Credit will be increased.
5. By agreeing to the Terms and Conditions, the User acknowledges and agrees that if the Commission is not paid or transferred to the Wallet Credit within 3 years of the last change to the Commission balance in accordance with the present Terms and Conditions, the Commission balance is forfeited in favour of the Operator, i.e., the User may not request payment of the Commission to their Bank account or its conversion into Credit.
6. In all other respects, the Commission and the User’s rights and obligations related to the Commission shall, in addition to the present Terms and Conditions, be governed by the Terms and Conditions relating to the Seznam Partner programme and other conditions approved and signed by both parties.
V. Personal data protection
1. For the purpose of provision of the Client Zone and Wallet services, the Operator is entitled to process the Users’ personal data, which these Users enter into the Client Zone and Wallet service (particularly the address, descriptive and invoicing data). Such processing of personal data is necessary for contract execution, the contracting party of which is the User as a personal data subject. Users' personal data shall only be processed to the extent this is necessary for the fulfilment of the contractual relationship established between them and the Operator regarding the use of the Client Zone and Wallet services, in accordance with Regulation (EU) No. 2016/679 of the European Parliament and the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, hereinafter referred to as the “Regulation”), Act No. 110/2019 Coll., on personal data processing, Act No. 111/2019 Coll., amending certain acts with the enactment of the Personal Data Processing Act, Act No. 480/2004 Coll., on certain information society services, Act No. 127/2005 Coll., on electronic communications and other laws governing personal data protection.
2. The Operator processes personal data for the purpose of providing the Client Zone and Wallet services.
3. Further, in line with Act No. 480/2004 Coll., on certain services provided by an information company, as amended, the User agrees that the Operator is authorised to send email messages or other messages containing information about the Operator’s services to the User.
4. The Operator undertakes that no information provided by the User when opening the user’s account used for Credit charging for Wallet services, including all information describing transactions of the User executed under the Client Zone and Wallet, will be shared with any third party except for official requests made by the Police of the Czech Republic, courts of law and public institutions authorised to require such information.
5. The Operator further undertakes to take such measures as to eliminate any unauthorised or accidental access to, or revision, destruction or loss of any personal data as well as any unauthorised transmission, processing or other misuse thereof.
6. For more information on the processing of personal data by the Operator go to https://www.seznam.cz/ochranaudaju.
VI. Rights and obligations of the contracting parties
1. The Operator states that the Client Zone and Wallet services will be provided properly in order to ensure maximum reliability and security. However, due to factors related to force majeure and the inability to determine a direct causal link between the Operator’s actions and the potential harm to be incurred, the Users agree the Operator will not be liable for:
• any temporary non-functionality, inaccessibility or poor accessibility of the Client Zone and Wallet services or the website at https://klient.seznam.cz;
• any leaks of information on the User’s Credit due to force majeure or access misuse by a third party, for which the Operator is not directly at fault;
• any unauthorised handling of the Credit due to inadequate security of the access data attributable to the User;
• any other consequences of using the Wallet service with no direct causal link to the Operator’s actions.
2. The Operator undertakes that no information provided by the User when opening the user’s account used for Credit charging for Wallet services, including all information describing transactions of the User executed under the Client Zone and Wallet, will be shared with any third party except for official requests made by the Police of the Czech Republic, courts of law and public institutions authorised to require such information.
3. The User shall have the right to forward or transfer the applicable rights and obligations ensuing from the contractual relationship existing between the Operator and the User and in connection with use of the Wallet services to a third party, but only based on the prior consent of the Operator and under conditions defined by the Operator.
4. The Operator reserves the right to block charging or actual use of the Credit assigned to the account of the User if there is a serious suspicion that the User intended to pay with a stolen payment card, or due to unauthorised use of the access data assigned to the user’s account, due to unauthorised use of the account or due to other suspicious account activities, or finally, if the User seriously violates the Terms and Conditions while using the services paid for from the Credit assigned to the Wallet. At the User’s request, or at the Operator’s discretion within 1 month of blocking the top-ups or draw-downs of the Credit on the User’s account, an amount corresponding to the Credit balance, as per the present Terms and Conditions, shall be refunded to the bank account from which the Credit was paid, if the latter is known to the Operator, reduced by any bank or handling fees as per the Tariff.
5. All activities of the User performed in conflict with these Terms and Conditions, which may endanger the functionality of the Client Zone and Wallet services, will be viewed by the Operator as a failure to comply with these Terms and Conditions. In such scenario, the Operator shall have the right to restrict the User from performing these types of activities. Such restrictions mainly refer to prohibiting the User from recharging Credit or to the right of the Operator to stop providing or terminating the Client Zone and Wallet services. The Operator reserves the right to restrict such activities of the User immediately, whereas the Credit acquired by the User will be returned to the User account (which was used to purchase the Credit), provided that this account number is known to the Operator. The Credit shall be returned within 1 month following the day the given restrictions of the Operator were put in place. The Operator is authorised to lower the amount of the Credit returned due to a failure by the User to comply with the Terms and Conditions and to deduct the applicable bank and handling fees in line with the valid Tariff.
6. The Operator is not liable for damages suffered by the User due to the fact that the User did not get information about the type of changes applied to the Client Zone and Wallet in time because the User does not regularly use the services.
7. The Client Zone allows shared access to the individual accounts. A User (who has permitted a third party to access their account or to whom access to a third party account has been permitted) acknowledges that if they use such an option, they shall be fully liable for the changes made in the shared accounts and the Operator shall not be liable for any changes in these accounts.
8. These Terms and Conditions are subject to the valid laws of the Czech Republic and are binding for both parties. By accepting these Terms and Conditions, the User confirms that these terms were properly introduced to the User and that the User will fully observe them.
9. In cases where the User acts as a consumer with respect to the Operator, the User is entitled to withdraw from the contract within 14 days by notice sent to the Operator. In cases where the User acts as a consumer with respect to the Operator and if any consumer-related dispute which cannot be resolved in an amicable way arises, the User in the position of consumer may submit a proposal for out-of-court resolution of the consumer dispute to the Czech Trade Inspection Central Inspectorate – Department of ADR, Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz, web: adr.coi.cz). In such case, the User who acts as a consumer may also use the online consumer dispute platform, which is administered by the European Commission and is available at: http://ec.europa.eu/consumers/odr/.
10. Due to technical reasons or business decisions made by the Operator, the Operator is entitled to change these Terms and Conditions, the Tariff, and the actual use of the Client Zone and Wallet services appropriately and within an adequate scope. The Operator undertakes to notify the User of any changes to the present Terms and Conditions via a message sent to the e-mail address the User uses to log in to their User Account or, if applicable, the User’s contact e-mail address entered by the User in the Client Zone. If the User does not agree to any change to the Terms and Conditions, they may reject such changes, terminate the present Terms and Conditions and cease using the Client Zone and Wallet services within 30 calendar days of receiving a notification to the effect of such changes, either by serving a written notice to the Operator’s registered address, or by sending an email to fakturace@firma.seznam.cz. The Credit balance refund shall then be handled in accordance with the applicable laws in force.
If the User does not terminate the cooperation in the above stated manner within 30 calendar days of receiving information about the change to the contract terms and conditions, it shall be assumed that the User has agreed with the change to the Contract Terms and Conditions.
The present Terms and Conditions come into force and take effect on 01 june 2023.
Annex 1 – Tariff:
Bank fees: as per the tariff of the bank concerned
Handling fee: CZK 50
Credit refund fees: 21% of the refund sought, but no less than CZK 1,000
The following text represents the terms and conditions, upon the agreement of which a registered user (hereinafter User or Users) undertakes to adhere to to the rules stipulated therein (hereinafter the Terms and Conditions). If any User breaches the present Terms and Conditions in any way, the operator, Seznam.cz, a.s., with their registered office at Radlická 3294/10, 150 00 Prague 5, Company Identification Number: 26168685, registered in the Commercial Register administered by the Municipal Court in Prague, Section B, Entry 6493 (hereinafter referred to as the “Operator”), may apply the remedies contained in the Terms and Conditions.
While using the Client Zone and Wallet services, the User and the Operator are obligated to observe the Terms and Conditions in the wording valid on the day of the contract's conclusion (that means on the day these Terms and Conditions are accepted by the User).
Contact details for the Operator are available at the following internet address (URL): https://o.seznam.cz/kontakty/.
I. Definition of Terms
1. Client Zone (hereinafter referred to as the “Client Zone") refers to the application accessible at (URL): https://klient.seznam.cz, intended for registered Users of the services provided by the Operator.
2. The Client Zone is an interface of the Operator which allows Users to access statistics of User campaigns, allows access to Wallet services and to administration interfaces of individual services of the Operator including other functionalities.
3. A registered User of the Operator refers to an entity registered under a user profile and utilising the services offered by the Operator.
4. Wallet (hereinafter referred to as the "Wallet") refers to the application accessible at (URL): https://klient.seznam.cz, intended for the Operator’s registered Users as means of payment for the Operator’s provided services.
5. Credit (hereinafter referred to as "Credit") denotes a sum of a registered User’s funds available for use using the Wallet service, or the sum of all advance payments made and not yet used by the User, which the User has provided to the Operator with the intention to pay or make an advance payment for the services taken advantage of by the User and offered by the Operator. The administration of Credit performed by the Operator is not subject to any monetary obligations except for payments for special fees specified below in these Terms and Conditions. Remaining credit balance refers to the remaining funds of the User or the total of the advance payments made by the User tied to utilisation for payments under the Wallet system at the given moment.
Bonus credit (hereinafter referred to as “Bonus Credit”) denotes the sum of funds administered in the dedicated “Bonus Credit” section within the Client Zone and Wallet services. If a registered User takes advantage of any of the Operator's ongoing special offers, Bonus Credit is added to the Credit they have deposited into their Wallet once they apply a special code. The Bonus Credit amount depends on the Operator’s related special offer and information on the grant and amount of the Bonus Credit is indicated in the invoice-fiscal receipt.
6. Partner Programme Commission (hereinafter referred to as “Commission”) denotes a commission to be obtained by the User registered in the Operator’s partner programme in return for ad views and clicks via Users’ websites.
II. Client Zone service registration and Wallet service credit top-ups
1. The User is authorised to register for the Client services by entering the user name and password provided by the User for other services offered by the Operator. Once the given information is entered and the User agrees to the Terms and Conditions, the User is allowed to access the Client Zone and also charge/recharge their credit for use with the Wallet service.
2. The Credit of the User may only be recharged in Czech currency.
3. After registering a new account, the User is asked to complete invoicing information. Until the invoicing information of the User is approved by the Operator, the User is regarded as an unregistered User. The Operator has 2 business days to either approve or reject the User’s invoicing information. The Operator has the right to reject invoicing information, also repeatedly, if the Operator discovers discrepancies between the entered information and the actual reality. The Operator may adjust the information they have provided based on data/information found in the Commercial Register and other public registers and lists and public administration records on economic operators. Until the invoicing information is approved, the unauthorised User may only be issued simplified tax documents. After approval of the invoicing information, the User is regarded as a registered User.
4. Credit of an authorised User may be recharged up to an unlimited amount but within the range defined by the Wallet interface, and may be recharged repeatedly. The maximum possible amount of remaining Credit for one authorised User may not exceed CZK 1,000,000 including VAT. An unauthorised User is entitled to execute a one-off Credit recharge up to CZK 10,000.00 including VAT. The maximum allowed amount of remaining Credit for unauthorised Users may not exceed CZK 10,000 including VAT.
5. Should the remaining Credit of an authorised User exceed CZK 1,000,000 including VAT, the Operator reserves the right to reject any additional credit recharge above the maximum limit and, if at the same time, such over-limit payment (recharge) is executed, the Operator shall return the amount to the User’s account used for the payment. Should the remaining Credit of an unauthorised User exceed CZK 10,000 including VAT, the Operator reserves the right to reject any additional credit recharge above the maximum limit and, if at the same time, such an over-limit payment (recharge) is executed, the Operator shall return the amount to the User’s account used for the payment.
6. The Operator reserves the right to reject any payment by the User if the amount of the payment is below the Wallet limit, which is CZK 29 including VAT. In such circumstances, the Operator may charge the User bank fees in connection with the return/rejection of such transaction as well as any handling fees in line with the Fee Tariff specified in Annex 1 attached to these Terms and Conditions (hereinafter only the “Tariff”).
7. The authorised User is entitled to transfer Credit from their account to the account of another authorised User assuming that these Users are authorised for the same legal entity or natural person and thus have the same invoicing data approved by the Operator. In the event of a Credit transfer as per the present paragraph, the Operator shall issue a corrective fiscal receipt in respect of the invoice / fiscal receipt concerned, or a corrective fiscal receipt in respect of a receipt relating to a received advance payment, in the amount corresponding to the amount of the Credit being transferred, and at once, issue an invoice / fiscal receipt to increase the Credit amount on the new account, or issue a receipt in respect of the received advance payment to increase the Credit amount on the new account, always stating the same amount. Credit can be transferred within 3 years of the end of the tax period in which the Credit was recharged. Within the scope of transfer of the Credit between the authorised Users, it is necessary to observe the limits set in Article II, paragraphs 4 to 6 of the Contract Terms and Conditions. An authorised User who wishes to transfer their Credit must agree to the issue and acceptance of a corrective fiscal receipt in respect of the invoice concerned, or in respect of the receipt relating to the received advance payment, and to the rectified tax base and tax amount pursuant to Article 42(3)(b), on value added tax, as amended.
8. The Credit may be topped up using one of the supported payment methods offered by the Wallet service (including conversion of a Commission into Credit in compliance with Article IV of the Terms and Conditions). The Operator is not liable for any consequences due to executed transactions or for possible misuse.
9. The User may also utilise the so-called Easy payment by using a card. After creating a registration order through the Wallet interface, the User does not need to re-enter the information on the payment card again when making payments. To recharge Credit, the registration order is used. User credit card information is stored by the given payment gateway provider, which shall also execute the payment. The User has the option to set Automatic simple card payments where the User, on the basis of the settings, allows the Operator to make additional payments through the User’s payment card and increase the Credit. The Operator shall not be liable for such payments or for any drawings from the User’s bank account if they were made in compliance with the Wallet settings.
10. The User is allowed to access and display the remaining amount of Credit or to view transactions executed through the Wallet after logging into their user account in the Client Zone. Where the Credit is being increased through an advance payment, the amount corresponding to the transactions executed during the past settlement period, which may not exceed one calendar month, will be part of the settlement invoice relating to the received advance payment. In the event of any discrepancies, the User may claim the Credit or transaction balance with the Operator, but they must do so as soon as they become aware of such discrepancy and in any event within three calendar months of the execution of the transaction concerned at the latest. The User must support the given claim with the applicable documents.
11. Should the User ask the Operator to return funds credited to the Wallet, the User must specify the amount they wish to have returned, the user account number and the reason for the return. The request must be sent in writing to the Operator’s registered address with the User’s handwritten signature, or by email with the User’s electronic signature to fakturace@firma.seznam.cz. Funds shall be returned to the bank account which was used to charge the Credit or to another bank account published by the User in the given register of VAT payers. Should the User wish the funds to be credited to a different bank account, the Operator reserves the right to ask the User (who is a physical entity) to provide a request with the officially verified signature, and the User (who is a legal entity) a request with the original signature of the statutory body of the User including their official stamp. Further, the Operator reserves the right to reject the request. The Operator reserves the right not to return the funds while the User remains registered as an unreliable VAT payer. In case of Credit return, the Operator also reserves the right to charge the User, in addition to the banking fees related to the given transaction, a Credit return fee equal to 21% of the funds that are to be returned, but at least CZK 1,000.00. In justified cases, the Operator reserves the right to lower the requested return amount in line with the Tariff to CZK 50 per transaction. By signing and sending the request for return of the given funds or by sending an electronic request for funds return from the Wallet to the Operator, the User agrees and authorises the Operator to deduct the above fees from the remaining Credit balance. Should the Credit balance not be sufficient to cover the fees related to the transaction, the Operator is not obligated to execute the transaction. Funds are to be returned by bank transfer and cannot be returned in the form of cash or through a payment order issued by the Czech Post Office. No later than by the day when the request for the funds return is signed, or when the electronic request for the funds return (back to the Wallet) is sent, the User is obligated to stop using the services of the Operator, otherwise, the Operator cannot guarantee that the requested funds, as specified on the User’s request, will be returned. The Operator cannot issue a credit note on behalf of the User for Credit that was recharged more than 3 years ago due to the provisions of paragraph 42 of Act No. 235/2004 Coll., on value added tax, as amended, because the tax base and tax amount cannot be amended after a 3-year period has expired following the end of the original taxable delivery.
12. Invoices / Tax documents or simplified tax documents will be issued within 15 calendar days following the day the payment was credited to the account number of the Operator. For an advance payment, the Operator shall issue a fiscal receipt for the received advance payment within 15 calendar days of the date the advance payment is credited to the Operator's account. In such a case, the Operator shall in addition issue a settlement invoice / fiscal receipt in respect of the received advance payment for each calendar month in which the transaction was executed and the amount was debited to the Credit. The settlement invoice – tax document is issued within 15 calendar days of the end of the relevant period at the latest. The period for which the settlement invoice is issued starts running on the first day of this period and ends on the last day of the period for which it is issued, but at the latest on the last day of the calendar month for which the invoice is issued. Invoices / Tax documents are issued with the invoicing information that the authorised User filled out when registering for the Client Zone, and which was approved by the Operator. Invoicing data on an already issued tax document cannot be retrospectively modified. Should the User be regarded as an unauthorised User on the day of tax document issuance, the Operator shall issue a simplified tax document. A simplified tax document cannot be modified or changed retroactively. The date of taxable delivery for the advance payment shall be the date on which the payment is credited to the account number of the Operator or when the Credit is increased, whichever occurs earlier. The day of taxable performance falls on the last day of the period, in respect of which the Operator has issued the settlement invoice / fiscal receipt relating to the received advance payment.
All invoices / fiscal receipts or simplified fiscal receipts issued in accordance with these Terms and Conditions are available for download by the User in the Client Zone after logging into their account, and the User consents to this by agreeing to the Terms and Conditions. In the Client Zone, the User can consent to receiving these documents via email and enter their contact e-mail address. If the User does not consent to receiving the documents in this way , they may request that the Operator send them by regular mail. In such case, the User shall send a delivery method change request to fakturace@firma.seznam.cz indicating the correspondence address at which they wish to receive the documents. The Operator reserves a period of 2 business days for processing this request. During the aforementioned period, the Operator may serve the documents by uploading them to the User's account.
13. The User is aware that by accepting these Terms and Conditions, the User agrees that if the Credit is not used up within 3 years after the last change to the remaining Credit balance (either increased or decreased), the unused remaining credit shall be forfeited on behalf of the Operator, therefore, the User is not entitled to demand a Credit return or to use the services of the Operator up to the limit of the remaining Credit.
14. If the User decides to transfer their account with the Operator (hereinafter referred to as "Pre-Authorisation") to another User (i.e. a User with a different identification number), then during the period between the transferring User entering the Pre-Authorisation Order in the Operator's system and 24 hours after the completion of the Pre-Authorisation, the following applies:
- all transactions to be applied to the account being transferred during this period are regarded as executed for the benefit of the User to whom the account has been transferred as part of the Pre-Authorisation and the transactions will be charged to this new account holder;
- any debts incurred by the account during this period are transferred to the new account holder;
III. Services that may be paid using the Wallet
1. The Wallet may only be used to pay for the Operator's services provided via the www.seznam.cz website or other websites operated by the Operator, in respect of which the Operator has authorised the use of the Wallet application as means of payment.
2. The use of the Credit including the amount, time interval, etc., is subject to individual terms and conditions applicable to the services used by the User.
IV. Partner programme commission
1. If a User who has agreed to the partner programme‘s terms and conditions (https://partner.seznam.cz/) (hereinafter referred to as "Partner") becomes entitled to a commission and the commission has been approved by the Operator in accordance with the parner programme‘s terms and conditions https://napoveda.sklik.cz/partner/smluvni-podminky/, the approved commission will be shown in the User‘s Client Zone: https://klient.seznam.cz/wallet.
2. If the commission in the Partner's Client Zone amounts to CZK 1,000 or more, it can be credited to the Partner's verified bank account or transferred to the Credit in the Partner's Wallet, provided that the following conditions are met at the same time:
• The Partner has been authorised in accordance with Article II of the present Terms and Conditions;
• The Partner's bank account has been entered and at the same time the Partner has been physically verified by the User entering a verification code in the Client Zone (in the Client Zone application: https://klient.seznam.cz/wallet), which the User has received in writing via postal licence holder or data box; or has been verified by the User‘s bank identity;
• The User has indicated the preferred Commission payment method, namely payment to the User’s verified bank account or transfer to the Wallet Credit; the Commission payment methods may not be combined; the Commission may either be paid in full to the User’s bank account or transferred to their Wallet Credit.
Unless these conditions are met, the User may not dispose of their Commission in any way. The above data is used to authenticate the Partner, who is obliged to keep the data up-to-date during the entire term of cooperation under the Seznam Partner service. If the Commission must be sent repeatedly due to the indicated invoicing data or bank account number being incorrect, the Commission amount shall be reduced by any bank fees incurred by the Operator in connection with the returned and repeated payment. If the Partner repeatedly indicates incorrect invoicing details or bank account numbers, the Commission shall not be paid until a remedy has been agreed.
3. The approved Commission amount shown in the Client Zone constitutes the tax base. Such approved Commission can be paid if it reaches the amount of CZK 1,000. For a VAT payer, the issued invoice is accepted, for instance: CZK 1,000 + VAT. For a payer not liable to VAT, an invoice issued in the amount of CZK 1,000 is accepted.
4. If the authorised User does not decide otherwise, then an invoice (tax document) in the amount of the approved Commission shall be issued by the Operator in the name of the Partner by the 15th day of the month at the latest. Where the User has opted for Commission payment, the invoice will be paid by the due date indicated in the invoice. Where the User has opted for Commission transfer to the Credit, the invoice shall be offset against an invoice / fiscal receipt, or against a fiscal receipt in respect of a received advance payment to be issued by the Operator for the Partner and based on which the Credit will be increased.
5. By agreeing to the Terms and Conditions, the User acknowledges and agrees that if the Commission is not paid or transferred to the Wallet Credit within 3 years of the last change to the Commission balance in accordance with the present Terms and Conditions, the Commission balance is forfeited in favour of the Operator, i.e., the User may not request payment of the Commission to their Bank account or its conversion into Credit.
6. In all other respects, the Commission and the User’s rights and obligations related to the Commission shall, in addition to the present Terms and Conditions, be governed by the Terms and Conditions relating to the Seznam Partner programme and other conditions approved and signed by both parties.
V. Personal data protection
1. For the purpose of provision of the Client Zone and Wallet services, the Operator is entitled to process the Users’ personal data, which these Users enter into the Client Zone and Wallet service (particularly the address, descriptive and invoicing data). Such processing of personal data is necessary for contract execution, the contracting party of which is the User as a personal data subject. Users' personal data shall only be processed to the extent this is necessary for the fulfilment of the contractual relationship established between them and the Operator regarding the use of the Client Zone and Wallet services, in accordance with Regulation (EU) No. 2016/679 of the European Parliament and the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, hereinafter referred to as the “Regulation”), Act No. 110/2019 Coll., on personal data processing, Act No. 111/2019 Coll., amending certain acts with the enactment of the Personal Data Processing Act, Act No. 480/2004 Coll., on certain information society services, Act No. 127/2005 Coll., on electronic communications and other laws governing personal data protection.
2. The Operator processes personal data for the purpose of providing the Client Zone and Wallet services.
3. Further, in line with Act No. 480/2004 Coll., on certain services provided by an information company, as amended, the User agrees that the Operator is authorised to send email messages or other messages containing information about the Operator’s services to the User.
4. The Operator undertakes that no information provided by the User when opening the user’s account used for Credit charging for Wallet services, including all information describing transactions of the User executed under the Client Zone and Wallet, will be shared with any third party except for official requests made by the Police of the Czech Republic, courts of law and public institutions authorised to require such information.
5. The Operator further undertakes to take such measures as to eliminate any unauthorised or accidental access to, or revision, destruction or loss of any personal data as well as any unauthorised transmission, processing or other misuse thereof.
6. For more information on the processing of personal data by the Operator go to https://www.seznam.cz/ochranaudaju.
VI. Rights and obligations of the contracting parties
1. The Operator states that the Client Zone and Wallet services will be provided properly in order to ensure maximum reliability and security. However, due to factors related to force majeure and the inability to determine a direct causal link between the Operator’s actions and the potential harm to be incurred, the Users agree the Operator will not be liable for:
• any temporary non-functionality, inaccessibility or poor accessibility of the Client Zone and Wallet services or the website at https://klient.seznam.cz;
• any leaks of information on the User’s Credit due to force majeure or access misuse by a third party, for which the Operator is not directly at fault;
• any unauthorised handling of the Credit due to inadequate security of the access data attributable to the User;
• any other consequences of using the Wallet service with no direct causal link to the Operator’s actions.
2. The Operator undertakes that no information provided by the User when opening the user’s account used for Credit charging for Wallet services, including all information describing transactions of the User executed under the Client Zone and Wallet, will be shared with any third party except for official requests made by the Police of the Czech Republic, courts of law and public institutions authorised to require such information.
3. The User shall have the right to forward or transfer the applicable rights and obligations ensuing from the contractual relationship existing between the Operator and the User and in connection with use of the Wallet services to a third party, but only based on the prior consent of the Operator and under conditions defined by the Operator.
4. The Operator reserves the right to block charging or actual use of the Credit assigned to the account of the User if there is a serious suspicion that the User intended to pay with a stolen payment card, or due to unauthorised use of the access data assigned to the user’s account, due to unauthorised use of the account or due to other suspicious account activities, or finally, if the User seriously violates the Terms and Conditions while using the services paid for from the Credit assigned to the Wallet. At the User’s request, or at the Operator’s discretion within 1 month of blocking the top-ups or draw-downs of the Credit on the User’s account, an amount corresponding to the Credit balance, as per the present Terms and Conditions, shall be refunded to the bank account from which the Credit was paid, if the latter is known to the Operator, reduced by any bank or handling fees as per the Tariff.
5. All activities of the User performed in conflict with these Terms and Conditions, which may endanger the functionality of the Client Zone and Wallet services, will be viewed by the Operator as a failure to comply with these Terms and Conditions. In such scenario, the Operator shall have the right to restrict the User from performing these types of activities. Such restrictions mainly refer to prohibiting the User from recharging Credit or to the right of the Operator to stop providing or terminating the Client Zone and Wallet services. The Operator reserves the right to restrict such activities of the User immediately, whereas the Credit acquired by the User will be returned to the User account (which was used to purchase the Credit), provided that this account number is known to the Operator. The Credit shall be returned within 1 month following the day the given restrictions of the Operator were put in place. The Operator is authorised to lower the amount of the Credit returned due to a failure by the User to comply with the Terms and Conditions and to deduct the applicable bank and handling fees in line with the valid Tariff.
6. The Operator is not liable for damages suffered by the User due to the fact that the User did not get information about the type of changes applied to the Client Zone and Wallet in time because the User does not regularly use the services.
7. The Client Zone allows shared access to the individual accounts. A User (who has permitted a third party to access their account or to whom access to a third party account has been permitted) acknowledges that if they use such an option, they shall be fully liable for the changes made in the shared accounts and the Operator shall not be liable for any changes in these accounts.
8. These Terms and Conditions are subject to the valid laws of the Czech Republic and are binding for both parties. By accepting these Terms and Conditions, the User confirms that these terms were properly introduced to the User and that the User will fully observe them.
9. In cases where the User acts as a consumer with respect to the Operator, the User is entitled to withdraw from the contract within 14 days by notice sent to the Operator. In cases where the User acts as a consumer with respect to the Operator and if any consumer-related dispute which cannot be resolved in an amicable way arises, the User in the position of consumer may submit a proposal for out-of-court resolution of the consumer dispute to the Czech Trade Inspection Central Inspectorate – Department of ADR, Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz, web: adr.coi.cz). In such case, the User who acts as a consumer may also use the online consumer dispute platform, which is administered by the European Commission and is available at: http://ec.europa.eu/consumers/odr/.
10. Due to technical reasons or business decisions made by the Operator, the Operator is entitled to change these Terms and Conditions, the Tariff, and the actual use of the Client Zone and Wallet services appropriately and within an adequate scope. The Operator undertakes to notify the User of any changes to the present Terms and Conditions via a message sent to the e-mail address the User uses to log in to their User Account or, if applicable, the User’s contact e-mail address entered by the User in the Client Zone. If the User does not agree to any change to the Terms and Conditions, they may reject such changes, terminate the present Terms and Conditions and cease using the Client Zone and Wallet services within 30 calendar days of receiving a notification to the effect of such changes, either by serving a written notice to the Operator’s registered address, or by sending an email to fakturace@firma.seznam.cz. The Credit balance refund shall then be handled in accordance with the applicable laws in force.
If the User does not terminate the cooperation in the above stated manner within 30 calendar days of receiving information about the change to the contract terms and conditions, it shall be assumed that the User has agreed with the change to the Contract Terms and Conditions.
The present Terms and Conditions come into force and take effect on 01 june 2023.
Annex 1 – Tariff:
Bank fees: as per the tariff of the bank concerned
Handling fee: CZK 50
Credit refund fees: 21% of the refund sought, but no less than CZK 1,000