Terms and Conditions

By using the Web Speed Audit service available at https://pagespeed.cz, both the client and provider agree to adhere to the terms and conditions as if they were printed and signed as a contract.

1. Definitions

Provider – PageSpeed.cz s.r.o., Líbalova 2348/1, Chodov, 149 00 Prague 11. ID: 217 54 055, VAT: CZ21754055. Registered at the Municipal Court in Prague C 406073.

Client – a natural or legal person who has ordered the Service from the Provider.

Service - the Client's website speed audit regarding loading speed for users, the content and scope of which is described at https://pagespeed.cz.

2. Service

2.1. The Service consists of a preparatory phase and an implementation phase. The output of the Service is a PDF report sent by the Provider to the Client's email address provided in the order.

2.2. The Client orders the Service through the order form at https://pagespeed.cz/. After ordering, the Client will receive an automated email confirming receipt of the order, followed by a confirmation email on the next business day. At this point, a contract for the provision of the Service is concluded. The confirmation email will include a set of questions that the Client must complete and return by the specified deadline.

2.3. Before submitting the order, the Client can review and modify the information entered in the form and familiarize themselves with these terms. Clicking the “Submit” button is considered an action by the Client that clearly identifies the Service, price, Client's identity, payment method, confirms that they have read these terms, and submits the order. The Provider considers the information provided in the order to be correct.

2.4. The Client declares that they have familiarized themselves with the content, scope, and nature of the Service described at https://pagespeed.cz/ before submitting the order and therefore is not entitled to request a refund for the Service already paid for on the grounds that the Service does not meet their expectations.

2.5. The price for the Service applies to 1 Client website. If the Client orders the Service for multiple websites in one order, pricing can be negotiated.

3. Confidentiality

3.1. The Provider and Client agree to a confidentiality agreement in this section of the terms.

3.2. The Provider agrees not to disclose, share, or reveal any information, especially of a commercial nature, that they become aware of while providing the Service, nor allow access to or use of:

1. technical or commercial data or other information of the Client contained in the set of questions and answers and applications shared for the implementation of the Service, which the Client has marked as confidential.
2. other information of the Client marked as confidential (hereinafter referred to as “Confidential Information”).

3.3. The confidentiality obligation under paragraph 3.2. applies except in cases where:

1. The Client has given prior written consent to such disclosure or use of Confidential Information;
2. legal regulations or a public authority require disclosure or use of Confidential Information;
3. such disclosure or use of Confidential Information is necessary for the Provider to perform the Service in connection with cooperation with the Client;
4. such disclosure or use of Confidential Information is necessary for the Subcontractor's cooperation with other subcontractors in fulfilling the Provider's obligations, with the Provider determining which subcontractors the Subcontractor will cooperate with, and/or
5. where permitted by any written agreement between the Contracting Parties.

3.4. Confidential Information does not include any information or data that is publicly available at the time of disclosure or use.

3.5. The Provider is obliged to ensure that all persons used in the performance of the Service for the Client, if they come into contact with Confidential Information, are bound by confidentiality obligations at least to the extent of these terms.

3.6. The Contracting Parties explicitly agree that Confidential Information under these terms must be individually marked as confidential.

3.7. The confidentiality obligation under these terms is agreed for an indefinite period.

3.8. No Contracting Party has the right to withdraw from this confidentiality agreement.

3.9. In the event that the Provider demonstrably breaches any of their obligations under these terms, they agree to compensate the Client for damages.

4. Client Rights and Obligations

4.1. The Client agrees to provide accurate information in the order and to promptly inform the Provider of any changes.

4.2. The Client is obliged to provide the necessary cooperation to the Provider for the implementation of the Service.

4.3. The Client has the right to an explanation of the Service output.

4.4. The Client agrees that the Service will be provided before the expiration of the withdrawal period according to § 1837 of the Civil Code and that in such a case, the Client has no right to withdraw from the contract. This procedure applies to both the Client as a consumer and the Client as a business entity.

5. Provider Rights and Obligations

5.1. The Provider agrees to provide the Client with the ordered Service.

5.2. If the Client does not provide cooperation within the deadlines specified in the Service, the Provider is entitled to suspend the provision of the Service until cooperation is provided. The deadline for completing the Service is extended by two days for each day of the reason for the suspension of the Service and for the time the Provider is occupied with other projects.

5.3. In the event of the Client's delay in providing cooperation for more than 14 days, the Provider may withdraw from this Agreement. Withdrawal does not affect the Provider's right to payment for work already performed on the Service.

5.5. The Provider reserves the right to change the terms and conditions after prior notice to the Client.

6. Payment for Service Provision

6.1. The Provider is entitled to request a deposit of 50% of the Service price before commencing its provision. The final invoice for the Service will be issued by the Provider after sending the PDF output to the Client. The due date is specified on the invoice.

6.2. If the Client wishes to issue a confirmation of the concluded contract, they must fill in the statutory body information in the order form. The Client is responsible for the accuracy of this information.

7. Other Provisions

7.1. These terms are valid from the date of announcement. The Provider has the right to change the terms. In such a case, the Service is governed by the wording of the terms valid at the time of the Client's order confirmation by the Provider.

These terms and conditions are effective from June 1, 2020.