Virtuálna Adresa

Terms and Conditions of Sale

www.virtuálna-adresa.sk

(Annex to the Contract on the Provision of Administrative Services and Time-limited Use of a Conference Room)

(hereinafter referred to as “TCS”)

 

1. Basic terms:

 

1. Services – registered office service, mail service, telephone number service, fax number service, time-limited use of a conference room service

2. Contract – written Contract on the Provision of Administrative Services and Time-limited Use of a Conference Room

3. Provider – Mário Kovaľ, Vysoká 4277/12, 81106 Bratislava- Staré Mesto Business registered at the District Court of Bratislava, Trade register number: 105-25770, Reg.no.: 14354322

 

4. User – natural person or legal entity who uses the Provider’s services under a Contract on the Provision of Administrative Services and Time-limited Use of a Conference Room concluded with the Provider

5. Contracting Party – the Provider or the User separately

6. Contracting Parties – the Provider and the User together

7. Provider’s address – the Provider’s address chosen by the User that the User has registered in the Company Register, Trade Register or another respective register as the registered office/site of the User’s business

8. Registered office – the registered office of a legal entity or the place of business of a natural person

9. Constitutional document – the User’s memorandum of association, the User’s articles of association or the User’s partnership agreement

10. Property:

 

1. Gorkého 12

Non-residential premises 1-no.329, situated in entrance no. 12 of the residential building at 12, Gorkého Street, residential house with land registry number 129, built on plot number 125, parcel in registry “C”, with an area of 1,169 m², plot type: built-up areas and courtyards, ownership share in the common parts and common facilities of the house and a co-ownership share in 75/10,000 proportion.

2. Grosslingova 52

Flat no. 21 situated in entrance no. 52 of the residential building at 52, Grosslingova Street, residential house with land registry number 2499, built on plot number 9066, 9067, parcel in registry “C”, with an area of 337 m² and 433 m², plot type: built-up areas and courtyards, ownership share in the common parts and common facilities of the house and a co-ownership share in 2,110/167,817 proportion.

3. Vysoká 12

Flat no. 2, situated in entrance no. 12 of the residential building at 12, Vysoká Street, residential house with land registry number 4277, built on plot number 8356/1, parcel in registry “C”, with an area of 142 m², plot type: built-up areas and courtyards, ownership share in the common parts and common facilities of the house and a co-ownership share in 4,442/32,870 proportion.

11. Conference room – part of non-residential premises that the User is entitled to use based on the time-limited use of the conference room service

12. Price list – the up-to-date overview of the prices of the services on offer

13. Withdrawal from the contract – withdrawal from all the obligations arising from a contract, by which the provision of all the services ceases

 

2. Products:

 

1. Registration of the office – the Provider grants his consent to the registration of the office of the User's company as his registered office at the address of his property

2. Labelling - mailbox – the Provider labels the mailbox for the delivery of postal items.

3. Receipt of mail – the Provider will take over the postal items based on a Power of Attorney granted by the User.

4. Email notification on received mail – the Provider will inform the User about the received mail by electronic mail.

5. Sending the letters by post once a month (Slovakia) – the User will send all the received mail to the User at the correspondence address specified by the User.

6. Scanning and sending via Viber, WhatsApp

– the User shall invest the Provider with full powers to open the mail by an attested Power of Attorney under the laws of the Slovak Republic. The User undertakes to deliver such Power of Attorney to the Provider. If the User fails to deliver such Power of Attorney to the Provider, the Provider’s right to the complete payment connected with this services does not cease. As part of this service, the Provider undertakes to digitalize (scan) once a month max. 20 pcs of Digitalized Documents of A4 format in terms of the previous point and send them to the User in an electronic form.

 

7. Personal collection of letters and parcels. – the Provider shall enable the User to pick up the letters in person at a specified address at the time specified on the www.virtuálna-adresa.sk website. As part of this service, the Provider shall also ensure the receipt and storage of the User's parcels. The User undertakes to pick up these mail items (including parcels) at least once a month.

8. Telephone number service – based on the User’s choice, the Provider will have the calls answered by an assistant, redirect the incoming calls, and provide voice mail and notifications about new messages.

9. Fax number service – based on the User’s choice, the Provider will provide notifications about incoming faxes, receive the faxes and store them, and deliver the fax messages to a specified address, fax number or e-mail address.

10. Time-limited use of a conference room service – the Provider will enable the User to use the conference room to the extent chosen by the User.

 

3. Basic Provisions

 

1. The Provider declares that he is entitled to provide services in the said pieces of property based on his ownership right or other contracts and agreements that enable him to provide these services in the said pieces of property under the law.

2. The Provider declares that he has the trade license necessary for the performance of the contract.

3. When signing the contract, at the latest, the User shall submit the original of the User’s constitutional document to the Provider if the User is not registered in the company register yet, or the original of the extract from the company register, not older than fourteen (14) days, if the User is already registered in the company register.

4. The User is liable to use the services provided by the Provider under the contract in a way that does not damage the Provider’s reputation. If the User violates this obligation, he is liable to pay a contractual penalty amounting to 500.- EUR (five hundred euros) to the Provider within three (3) days of the delivery of the Provider’s notification to pay the contractual penalty. Also, the Provider has the right to withdraw from the contract with immediate effect.

5. The User has the right to request a change in the scope and type of the services in the contract. If this change does not affect the price paid by the User for the services, the Provider shall execute the change without any delay. Otherwise, the Provider shall execute the change as of the last day of the prepaid period, or according to the agreement with the User.

6. The User is liable to inform the Provider about any changes in his identification, billing or contact details without any delay. Otherwise, the Provider has the right to suspend the provision of the services or not to guarantee their completeness.

7. By executing the contract, the User grants his consent to the Provider to process the User’s personal data for purposes connected to the provision of the services, to the following extent: first name(s) and surname, date of birth, permanent or temporary address. The consent is granted for the period of the validity of the contract and also for the period that bridges the gap between the validities of the contracts if, due to a legal obligation set out by a generally binding legal regulation, the Provider is liable to store these data or to manage them in any other way.

 

4. The Registration of the Address of the Office Service

 

1. The Provider shall enable the User to register the Provider's address as the User's registered office in the company register, trade register or another respective register, and to use it as his registered office throughout the duration of the contract.

2. The Provider shall provide to the User a written consent of the lessor as the owner of the property to the placement of the User's registered office at the Provider’s address, which is necessary for the registration of the Provider’s address as the User’s registered address in the company register, trade register or another respective register.

3. Throughout the duration of the contract, the User has the right to use the address as his registered office by stating it in his deeds and documents in his official and business communication with third parties.

4. Throughout the duration of the contract, the Provider shall place the User’s trade name, in a size he deems appropriate, on the mailbox that belongs to the Property as the information about the User’s registered office, unless the contract specifies otherwise.

5. The User notes that, by using the registered office service, the User does not acquire the right to access the Provider’s property above the extent agreed on in the contract, the User does not have the right to place his own labels or technical signs in the property, nor outside of it, or to bring any movables there. If the User violates this obligation, he is liable to pay a contractual penalty amounting to 500.- EUR (five hundred euros) to the Provider within three (3) days of the delivery of the Provider’s notification to pay the contractual penalty. Also, the Provider has the right to withdraw from the contract with immediate effect. This does not affect the Provider's right to compensation for his damages.

6. By signing this contract, the Contracting Parties declare that, at the time of signing the contract, there are no movables in the property which are in the User’s exclusive ownership, joint ownership or co-ownership, nor will there be such movables there in the future.

 

5. The Collection of the Letters and Parcels Service

 

1. The Provider shall collect the letters and parcels meant for the User, except for registered post and restricted delivery items, and also the mail items for which money is to be paid or another performance is to be provided, unless the Contracting Parties agree in writing in a specific case otherwise.

2. Unless the Contracting Parties agree in writing in a specific case otherwise, the Provider is not liable to receive parcels addressed to the User which are heavier than five kilograms (5 kg), larger than forty-five centimetres (45 cm) in any dimension, which have a volume exceeding three hundredths of cubic metres (0.03 m³) or parcels that contain hazardous materials, live animals or perishable goods.

3. The Provider has the right to refuse to collect, at his sole discretion, any mail addressed to the User if he suspects its contents are hazardous or if he judges the mail item to be illegal.

4. The Provider bears no responsibility for any damages caused by the non-collection or delayed collection of mail forwarded to the User by the Provider when performing the contract. Mail returned to the Provider as undelivered shall be stored by the Provider for three (3) months. If the stored mail is not collected, the Provider shall shred it after the period specified in the previous sentences elapses.

5. The Provider shall store the collected mail for 3 calendar months.

6. The User can pick up these mail items at an address specified by the Provider and at a time agreed on with the Provider in advance.

7. If the personal collection of the mail does not form part of the package, the Provider has the right to charge fees for this service according to the price list of additional services.

 

6. The Email Notification on Received Mail Service

 

1. Based on the contract, the Provider shall inform the User about the received mail by notifications sent by electronic mail once a week.

 

7. The Sending the Letters by Post Once a Month (Slovakia) Service

 

1. Based on the contract, the Provider shall send the letters by registered post periodically once a month to the address specified by the User.

2. The parcel will contain all the letters received at the address of the registered office of the User’s company.

3. Parcels of up to 1 kg sent by registered post within Slovakia by the Slovak postal service provider, Slovenská Pošta, a.s., are part of packages no. II, III, and IV. Parcels above 1 kg will be charged according to the actual price list of additional services.

 

8. The Letter Scanning (Scans Sent by E-mail) Service

 

1. The User shall invest the Provider with full powers to open the mail by an attested Power of Attorney under the laws of the Slovak Republic. The User undertakes to deliver such Power of Attorney to the Provider. If the User fails to deliver such Power of Attorney to the Provider, the Provider’s right to the complete payment connected with this service does not cease.

2. As part of this service, the Provider undertakes to digitalize (scan) once a month max. 20 pcs of Digitalized Documents

3. of A4 format in terms of the previous point and send them by electronic mail.

 

9. The Personal Collection of Letters and Parcels Service

 

1. The Provider shall hand over the received mail to the User at the address and at the time published on the www.virtualna-adresa.sk website.

 

10. The Telephone Number and the Fax Number Service

 

1. Based on the contract, the Provider shall provide a telephone number and a fax number to the User and shall operate them for purposes of handling the telephone calls and fax messages meant for the User.

2. The User takes into account that the assigned telephone number and fax number may change in the course of the duration of the contract.

3. The User shall pay a deposit of 200.- EUR (two hundred euros) to the Provider when signing the contract, at the latest, and this will amount serve as a collateral with respect to the payment of telecommunications fees connected with the use of the telephone number and the fax number service. If this deposit is not paid, the telephone number and the fax number service will not be provided.

 

 

 

11. The Time-limited Use of a Conference Room Service

 

1. The User may use the conference room exclusively for his business negotiations, work meetings, trainings and seminars.

2. The conference room is meant for a maximum of 6 persons.

3. The conference room is available on every business day from 09:00 to 18:00 hrs. Upon the User’s written request, the Provider shall provide refreshments, i.e. mineral water, coffee and tea, in the conference room when the User uses the conference room.

4. The Provider shall reserve the conference room for the User upon the User’s written request sent to the Provider, even in the form of an e-mail message. The request must be delivered to the Provider at least twenty-four (24) hours prior to the required beginning of the use of the conference room. Otherwise, the Provider is not liable to make the conference room available to the User at the required time.

5. The User's request according to point 7.4 of these TCS must contain the purpose of the use of the conference room, the time of the beginning of the use of the conference room and the time of the end of its use, the number of participating persons, information whether the User requires refreshments according to point 7.3 of these TCS, information whether the User requires administrative services during the use of the conference room, which consist of photocopying and other assistance services provided by the Provider or by persons authorized by him.

6. The booking of the conference room is binding only after its written confirmation by the Provider.

7. If the Provider cannot provide the conference room to the User at the required time for any reasons, he undertakes to make every effort to provide it at another time suggested by the User.

8. The User is liable prove the identity of the people present after their arrival at the conference room to the Provider.

9. The User undertakes that he, or any person present in the conference room on the User's request or with his consent, shall not to bring any narcotic drugs, psychotropic substances, other hazardous or poisonous substances, waste, contaminating or polluting materials, or infectious substances and materials to the conference room.

10. Without the Provider’s written consent, the User shall not install any equipment for recording sound or image in the conference room and in the non-residential premises.

11. If the User violates any of his obligations according to points 11.1, 11.9 and 11.10 of these TCS, the User is liable to pay, even repeatedly, a contractual penalty of 500.- EUR (five hundred euros) to the Provider within three (3) days, at the latest, of the receipt of the Provider’s written notification. This does not affect the Provider’s right to withdraw from the Contract on the whole, or only from an obligation arising from the contract, in terms of which the Provider is liable to provide the time-limited use of the conference room service. This does not affect the Provider's right to compensation for his damages.

12. If the User wants to cancel the binding booking of the conference room, he is liable to do so in writing. The cancellation of a binding booking made twelve (12) hours, at the latest, before using the conference room specified in the request according to point 7.5 of these TCS, is free of charge. The Provider charges a cancellation fee of 40.- EUR (forty euros) for the cancellation of a binding booking made twelve (12) or fewer hours before using the conference room specified in the request according to point 7.5 of these TCS.

13. If the User does not arrive at the non-residential premises for using the conference room based on a binding booking and the booking of the conference room was not cancelled in advance according to point 7.12 of these TCS, the Provider has the right to charge him a fee for the whole period specified in the request according to point 7.5 of these TCS in which the User wanted to use the conference room.

14. The User notes that, by using the conference room, he does not acquire the right to access any part of the Provider’s non-residential premises above the extent agreed on in the contract, the User does not have the right to place his own labels or technical signs in any part of the non-residential premises, nor outside them, or to bring any movables to any part of the non-residential premises. If the User violates this obligation, the procedure specified in point 4.5 of these TCS shall apply.

 

12. Fees

 

1. The User undertakes to pay fees, according to the specific items in the Provider’s price list, to the Provider for the services provided.

2. The Provider reserves the right to continuously modify the price list, without any notice addressed to the User.

3. If a contractual obligation based on which the Provider provided the registered office service to the User expires, or if the contract on the whole is terminated, the User is liable to submit a request for the cancellation of the Provider’s address in the company register or trade register where this address is registered as the User's registered office within five (5) days of the termination of the obligation or of the contract, and to submit this request also to the Provider; otherwise, the Provider has the right to submit this request without any delay himself.

4. The User shall pay the fees for the provided services based on the invoices issued by the Provider. The Provider shall send the invoices for the fees to be paid for the provided services exclusively in an electronic form to the User's e-mail address specified in the contract. The User shall pay the fees by transfer to the Provider’s bank account specified in the invoice or in the proforma invoice, or he shall execute the payment in cash in person.

5. The fees are due in advance and as specified on the www.virtualna-adresa.sk website.

6. If the User fails to pay the fees due, the Provider has the right to charge default interest amounting to 0.05% of the amount owed for each day of the delay. If the User objects to the invoice issued, he is liable to pay the amount for which his complaint does not apply within its due date; otherwise, he shall be charged a default interest as specified in these TCS. The Provider reserves the right to suspend the provision of any services under this contract for the period of the User’s delay in the payment of any fee or default interest. The Provider has the right to do so also in cases when the User violates the contract or these TCS.

7. If the User gets delayed with the payment of any fee for the services provided under the contract for more than thirty (15) days, the Provider has the right to withdraw from the contract with immediate effect.

8. The Provider has the right to withdraw from the contract also in cases when the User repeatedly delays the payment of any fee for the services provided under the contract, regardless of the number of days of the delay. For the avoidance of doubt, repeatedly delaying the payment means also a situation when the User delays the payment of a fee for a service provided under the contract and he delays the payment of a fee for another service provided under the contract in the next calendar month.

9. The User shall execute all the payments for the services provided in EUR.

 

13. Validity of the Contract

 

1. The obligation to provide any services agreed on in this contract may be terminated by (a) the Contracting Parties’ agreement, (b) a termination notice given by any of the Contracting Parties, (b) withdrawal from the contract, or (d) the dissolution of any of the Contracting Parties without a legal successor.

2. Any obligation, or even all the obligations, arising from the contract may be terminated by the Contracting Parties’ agreement at once, as of any day and for any reasons, or even without giving any reason.

3. Any obligation, or even all the obligations, arising from the contract may be terminated by a termination notice given by any of the Contracting Parties at once, as of any day and for any reasons, or even without giving any reason. The notice period is two (2) months and starts on the first (1st) day of the calendar month following the month in which the termination notice was delivered to the other Contracting Party.

4. A Contracting Party has the right to withdraw from an obligation arising from the contract, or to withdraw from the whole contract, in cases specified by these TCS, by a written declaration addressed to the other Contracting Party. The withdrawal is effective the moment it is delivered to the other Contracting Party. Also, any of the Contracting Parties has the right to withdraw from an obligation arising from the contract if the other Contracting Party violates its duties arising from this obligation and its attention was called to this violation in writing but, in spite of the notification and request, it did not fulfil this obligation.

5. The Provider has the right to terminate the contract with immediate effect if a liquidation proceeding or an insolvency proceeding is initiated against the User, if the User entered into liquidation or if it was notified about the User's illegal action.

6. An agreement about the termination of (an) obligation(s) arising from the contract, termination by notice or withdrawal must clearly specify which obligation(s) arising from the contract are being terminated. If the obligation(s) is not specified adequately, the agreement about the termination of the obligation(s), termination by notice or withdrawal is considered to be invalid and the Contracting Parties are liable to continue to proceed according to this contract to the full extent.

7. Within three (3) days, at the latest, of the termination of the contract on the whole or of the termination of an obligation arising from the contract under which the Provider provides the registered office service to the User, the User is liable to submit an application for the deregistration of the Provider’s address registered as the User’s registered office from the company register, trade register or another respective register to all the competent state bodies. The User is liable to prove the fulfilment of this obligation to the Provider by relevant documents, i.e. by the original copy of the extract from the company register, trade register or another respective register, in which another address than the Provider’s one is registered as the User's registered office. If the User delays the fulfilment of this obligation, he shall pay the Provider a one-time contractual penalty of 500.- EUR (five hundred euros) and a contractual penalty of 30.- EUR (thirty euros) for each day of the delay until the proper fulfilment of the obligation according to these TCS, including for the day when the obligation was fulfilled. This does not affect the Provider’s right to a compensation for his damages.

8. If any, or all, of the obligations arising from this contract are terminated, this does not mean the expiry of any of the unpaid obligations of the User. The provision of these TCS that the User has to perform only after the expiry of the contract remains in force even after the expiry of the contract.

9. The User may enforce any erroneous billing within thirty (30) days, at the latest, of the delivery of the invoice. If this period elapses without any action, this means the billing is considered to be correct and the User acknowledges it.

10. For the avoidance of doubt, the date of payment is the day on which the funds are credited to the Provider’s bank account.

 

14. Delivery

 

1. Besides documents taken over by the Provider on behalf of the User as part of the provision of the mail service, the Contracting Parties shall deliver the other documents in person, by registered post or by courier to the addresses specified in the header of the contract, or electronically to the e-mail addresses specified in the header of the contract. A mail is considered to be delivered on the day it is taken over, on the day when the addressee refused to take it over, or on the day when the mail was returned as undeliverable. In the case of delivery by electronic means, the date of delivery is the day that follows the day when the e-mail message was sent. The Contracting Parties are liable to announce a change in their postal or e-mail addresses in writing within three (3) days, at the latest, of the address change. If they do not fulfil this obligation, the sender is not considered to be delayed for the inability of delivery, and the document delivered to a non-current address is considered to be delivered on the day it is returned as undelivered mail.

 

 

15. Confidentiality

 

1. The Provider and the User undertake not disclose to third persons any information or data they learn in connection with the performance of the contract, unless a specific piece of information is meant by the other Contracting Party to be provided to exactly specified persons. The Provider and the User also undertake to keep confidential all the information they obtain during the activities performed under the contract or by its realization, as well as after its termination. The Provider and the User undertake to keep confidential all pieces of information regarding the other Contracting Party which are not available to the public.

 

16. Legal Compliance and the Provider’s Liability

 

1. The User is liable to comply with all the valid legal regulations in his business activities.

2. The Provider is not liable for any damages that occur due to the non-provision of a service due to a mechanical failure or strike or other objective reasons or severe circumstances that the Provider had no influence on.

3. The Provider is not liable for any damages caused by a delay by the courier service or post or other non-delivery of the mail forwarded to the User based on the mail service.

4. The Provider is not liable for any injuries that the User, or persons accompanying the User, may suffer when using the conference room.

 

 

17. Personal Data Protection, Contract Archival

    1. By concluding the contract, the User grants his consent to include all his personal and other details specified in the purchase order, as well as the other details obtained in the course of trade (hereinafter referred to as “personal data”) to the database of the Provider (hereinafter also referred to as “Operator”), i.e. of the company of Mário Kovaľ, Vysoká 4277/12, 81106 Bratislava-Staré Mesto, reg.no.: 14354322, and to their being processed, even by agents, i.e. by

SmartSelling a.s., Netroufalky 797/5, 625 00 Brno, Czech Republic, reg.no.: 29210372, or other administrators authorized by the agent (hereinafter referred to as “Agent”). The personal data will be processed for the business and marketing purposes of the Provider, including offering business and services, as well as for sending business notifications, also by electronic means (primarily by e-mails and text messages).

2. Consent is granted until its withdrawal. The concerned person notes that he has rights under Act No. 122/2013 Coll. on Personal Data Protection and on the Amendment of Other Acts, i.e., first of all, that the provision of the personal data is voluntary and that he has the right to access his personal data. Each concerned person has rights, especially under Article 28 of the Personal Data Protection Act, including the right to demand from the Provider by a written request the correction or deletion of his incorrect, incomplete or dated personal data, the deletion of his personal data whose purpose for processing has ceased, or to block his personal data due to the withdrawal of his consent before the expiry of the period of their validity. By a written request, the concerned person has the right to object to the Provider to the use of his personal data specified in Article 10 Section 3 Letter d) of the Personal Data Protection Act for the purposes of direct marketing in postal correspondence or to the provision of personal data specified in Article 10 Section 3 Letter d) of the Personal Data Protection Act for purposes of direct marketing.

 

 

18. Final Provisions

 

1. This contract enters into force and effect on the day it is signed by both the Contracting Parties.

2. The unenforceability or invalidity of any point or provision of these TCS does not affect the enforceability or validity of the other provisions of these TCS or the Contract.

3. The Contracting Parties undertake to make every effort to resolve any disputes arising from the contract by friendly negotiations. If such dispute resolution fails, the dispute shall be brought to the following arbitration court: Arbitration Court in Bratislava, Ventúrska 14, 81101 Bratislava, or the BRATISLAVA ARBITRATION COURT, Žilinská 14, 811 05 Bratislava

 

 

 

These TCS enter into force on 7 April 2017.