General Terms & Conditions

1.1. In these Terms and Conditions, the following terms shall have the following meanings:

a) Provider means ARDSYSTÉM, s.r.o., a limited liability company, registered in the Commercial Register of the District Court of Žilina, Section Sro, Insert No. 12782/L, with registered office at Pavla Mudroňa 5, 010 01 Žilina, Slovak Republic, ID No. 36 397 563;
b) interested party means a natural or legal person who is interested in the provision of a service or to whom a service is provided;
c) services means services provided by the Provider in connection with placing and/or enabling the presentation to the interested party, in particular (a) design, making and/or installation of the presentation, and/or (b) fixing the presentation on the advertising space for the agreed period of time;
d) the place of provision of the service is the place agreed between the provider and the interested party by reference to the type of advertising space and its location, whereby the place of provision of the service shall be selected and determined always according to the provider’s current supply of available advertising space;
e) presentation means any visually processed information agreed between the prospect and the provider, including but not limited to information about the prospect, its products and/or services. The form and content of the presentation will always be mutually agreed between the Provider and the prospective customer. The presentation may be made mainly, but not exclusively, in the form of posters, foils, sheets, stickers, various atypical elements, etc;
f) advertising space means the space located on an advertising, promotional or information device, such as a billboard, eurobillboard, city-light, bigboard, megaboard, mini-board, city-poster, information boards, on a bus or any other shelter or on any other real estate (hereinafter referred to as “advertising device”), designated by the Provider for the placement of the presentation;
g) installation means any process of placing a presentation on an advertising space, including, but not limited to, displaying or hanging paper posters, affixing sheeting, hanging banners/banners, taping canopies, installing atypical elements, etc;
h) offer means a proposal sent by the provider to the interested party in the event that the provider is unable to confirm an order received from the interested party. Unless otherwise expressly agreed between the provider and the interested party, the offer shall be purely informative and shall not be binding on the provider.

1.2. Where these Terms and Conditions state that an act must be done in writing, it shall be sufficient if such act is done by fax or electronic mail (email).

2.1. These terms and conditions apply to the services provided by the Provider. These terms and conditions may only be deviated from by written agreement between the provider and the interested party.

2.2. These terms and conditions are binding for the interested party from the moment he enters into a legal relationship with the provider, i.e. from the moment of sending the order to the provider. The interested party acknowledges this fact and agrees to these terms and conditions unconditionally.

3.1. By sending an order to the provider, the interested party confirms that he agrees to the terms and conditions set out in the order as well as to the terms and conditions.

3.2. The order must contain at least the following information, otherwise it may be disregarded by the Provider and may be considered invalid:

? name and surname/business name of the interested party
? address/place of business
? bank connection of the interested party
? birth number/IN number of the interested party
? TIN and VAT number of the interested party, if allocated
? contact details of the interested party, including at least the telephone number and email address of the interested party
? specification of services
? fixed time from when to when the services are to be provided (at least one calendar month)
? place of service provision
? agreed remuneration
? billing interval
? signature of the person authorised to act on behalf of the tenderer.

3.3. The contractual relationship between the interested party and the Provider is established at the moment when the order of the interested party is confirmed by the Provider (hereinafter referred to as the “Order”). The Provider is not obliged to confirm the Order. If the Provider decides to confirm the Order, it shall do so within ten working days of the date on which the Provider receives the Order. Otherwise, the order shall be deemed to have been rejected by the Provider. Confirmation of the order by the provider shall be made either by indicating the provider’s agreement directly on the order itself or by a separate written confirmation from the provider. Confirmation of the order by the provider shall create a contract between the interested party and the provider on the terms and conditions set out in the order and these terms and conditions (hereinafter also referred to as the “contract”).

3.4. The interested party is entitled to cancel the order prior to its confirmation by the provider, even without giving any reason. Cancellation of the order must be made by written notice from the interested party delivered to the Provider prior to the Provider’s confirmation of the order.

3.5. After confirmation of the order by the Provider, but no later than before the completion of the installation on the first of the advertising areas specified in the contract, the interested party is entitled to unilaterally cancel the contract without stating a reason by paying a cancellation fee under the terms of this paragraph 3.5. In the event of cancellation of the contract by the interested party under this paragraph 3.5, the interested party is obliged to deliver a written notice to the Provider that he exercises his right to cancel the contract by paying a cancellation fee. Upon such notice, the Provider shall without undue delay notify the Interested Party of the amount of the Termination Fee, which shall be determined as the sum of (a) the Provider’s costs of the services provided under the Contract, including those costs incurred by the Provider after termination of the Contract which cannot be avoided by the Provider, and (b) an amount equal to 50 % of the Provider’s total remuneration agreed between the Interested Party and the Provider in the Contract. The contract shall not be terminated until the severance payment has been paid to the provider, but the prospective client shall pay the severance payment to the provider not later than seven days after the date of notification of the amount of the severance payment. If the candidate fails to pay the severance payment within that seven-day period, the candidate’s right to cancel the contract by paying the severance payment shall cease without further delay and the contract shall continue (irrespective of whether the candidate has paid the severance payment after the expiry of the period for payment of the severance payment).

3.6. Any amendments to the contract must be in writing only.

3.7. The Provider shall be entitled to send the Candidate an offer regarding the Services (hereinafter referred to as the “Offer”). These terms and conditions form an integral part of the Offer. The contractual relationship between the interested party and the Provider shall arise from the moment when the interested party accepts the Provider’s offer, provided that the interested party does so within the time limit specified by the Provider. Otherwise, the offer is null and void and the provider is not bound by the offer.

4.1. The applicant acknowledges and agrees that the presentation must not include symbols, images and texts prohibited by Act No. 147/2001 Coll. on Advertising and on the Amendment of Certain Acts, as amended (“Act on Advertising”), or other facts that could endanger the safety or fluidity of road traffic, or could lead to the violation of road traffic rules by its participants, or which would be contrary to the legislation of the Slovak Republic.

4.2. In particular, the presentation must not refer to and/or include:

? products or services the manufacture, sale, supply or use of which is prohibited
? anything that disparages or offends human dignity, national or religious sentiments, or discriminates on the basis of sex, race or social origin
? the presentation of nudity of the human body in a derogatory manner
? violence, vandalism, vulgarity or incitement to or consent to unlawful conduct
? products or services harmful to human or animal life or health, the environment, without explicit and clear warning of the harmfulness
? personal data of persons
? any information contrary to competition rules or good morals.

4.3. The presentation shall not include advertising of tobacco products, weapons and ammunition, the need for and availability of organs, tissues and cells, infant formula and follow-on complementary products. Advertising of alcoholic beverages and medicines is permitted only in accordance with the provisions of the legislation of the Slovak Republic.

4.4. The content of the presentation (including but not limited to text, images and symbols) is the responsibility of the candidate. The Interested Party hereby undertakes and agrees to indemnify the Provider for any expenses and damages, including but not limited to any fines and penalties incurred by the Provider in the event that the content of the Presentation contravenes these Terms and Conditions and/or the laws of the Slovak Republic.

4.5. Without the prior written consent of the Provider, the Candidate is not entitled to interfere in any way with the presentation or use the advertising space in any way, in particular for advertising or promotion of any legal or natural person, service or goods.

4.6. If the interested party wishes to alter or remove the presentation in any way, it is entitled to do so only with the prior written consent of the Provider or through the Provider, who will carry out the required changes to the presentation for a fee, based on an agreement with the interested party.

4.7. If the Candidate breaches or fails to fulfil any of its obligations set out in this Article 4 of the Terms and Conditions, the Provider shall be entitled to withdraw from the Contract.

5.1. Unless otherwise agreed between the Provider and the Candidate, the Candidate shall deliver to the Provider the agreed number, type, form and kind of Presentation, including any supporting material and/or presentation design, if required, no later than ten working days prior to the date of the required installation, to the Provider’s registered office address, all duly cleared and free from legal defects. In the event of non-compliance with this condition, the Provider does not warrant and shall not be liable for the timely, quality and error-free installation of the presentation. The quality, completeness and unmistakability of the presentation shall be the responsibility of the candidate.

5.2. Late delivery of the presentation by the interested party shall not affect the commencement or termination of the agreed period during which the provider is obliged to tolerate and ensure the placement of the presentation on the advertising space. The due date and amount of any remuneration agreed between the Provider and the interested party shall not be affected by the late delivery of the presentation by the interested party.

5.3. The installation shall be carried out exclusively by the Provider or by third parties authorised or approved by the Provider. Unless otherwise agreed between the provider and the interested party, the interested party is not entitled to carry out the installation or to interfere in any way with the advertising space or the presentation placed on it. The Provider will normally carry out the installation within five working days from the date of receipt of the presentation (the “usual installation date”). The Usual Installation Date may be affected by weather or other external influences beyond the Provider’s control, in which case the Provider may postpone the Installation Date for the necessary time.

5.4. If the Provider and the Candidate agree that the Candidate will carry out the installation himself, the Candidate shall be solely responsible for the execution and quality of the installation. The applicant also undertakes and agrees to indemnify the provider against any expenses and damages incurred by the provider in the event of damage to the advertising space, including, but not limited to, the cost of repair or replacement of the advertising space and loss of profit.

5.5. In the event that backing material is required for installation and is not supplied to the Provider by the Candidate at the same time as the presentation, the Provider shall be entitled to use suitable backing material for installation at its discretion and the Candidate shall reimburse the Provider in full for the cost of procuring and installing the backing material.

5.6. The Customer shall be solely responsible for any change in the quality of the presentation delivered to the Provider during the agreed service period (e.g. fading, deterioration due to weather conditions, etc.). In the event of maintenance, replacement, repair of the presentation or at the express request of the provider, the interested party is obliged to supply a spare or replacement presentation without delay.

5.7. In case of interest on the part of the interested party, the presentation design may be provided by the provider for a pre-agreed fee, according to the valid price list, in which case the interested party and the provider shall agree on the conditions under which the presentation is to be designed and/or made, including the time limit, material, materials, supporting documents and price. The interested party is obliged to hand over to the provider the graphic materials required by the provider, which can be read and edited in one of the following programs: Adobe (all versions of Reader, Photoshop) or CorelDraw. The resolution of the reprint must be at least 300 DPI, CMYK colour. The interested party acknowledges that the final presentation may differ in color from the display of the graphics on the monitor, which is related to the settings of the particular monitor. The interested party may only complain about the quality of the presentation if the presentation as a whole shows signs of colour noise, i.e. one colour will bleed through the whole presentation. Such a complaint will be subject to mutual assessment and in the event that the Provider agrees that the presentation is defective, the Provider shall be obliged to arrange for a new presentation to be made at its own expense.

5.8. After the end of the agreed period of service provision or in the event of unilateral termination of the contract (for any reason and in any way), the Provider is entitled, but not obliged, to remove and devalue the presentation, or destroy it and ensure its disposal. For the avoidance of doubt, the Provider is not obliged to remove the presentation from the advertising space and if the interested party does not agree with such procedure, it is obliged to order a service of uninstallation of the presentation from the Provider for a fee. If the Provider and the interested party agree that the presentation shall be uninstalled and handed over to the interested party, the interested party shall be obliged to take over such presentation at the place and time specified by the Provider, otherwise not later than within 10 days at the Provider’s registered office; after the expiry of this period, the Provider shall be entitled to devalue or destroy the presentation and ensure its disposal. Any costs related to the transport of the presentation shall be borne in full by the interested party.

5.9. If the Provider and the Candidate agree that the Candidate will carry out the removal of the presentation himself, the Candidate shall be solely responsible for the removal of the presentation. The Applicant also agrees and undertakes to indemnify the Provider for any expenses and damages incurred by the Provider in the event of damage to the advertising space or the advertising equipment on which the advertising space is located, including, but not limited to, the cost of repair or replacement of the advertising space and loss of profit.

5.10. On the date specified in the Contract, the Provider shall be obliged to accept the placement of the Presentation on the Advertising Space, irrespective of whether or not the Presentation is installed on the Advertising Space (hereinafter referred to as the “Placement Date”), unless the installation does not take place on such date due to reasons on the Provider’s side or for the reasons set out in paragraph 5.3 of these Terms and Conditions. In such case, the Placement Day shall be deemed to be the day on which the Presentation is installed on the Advertising Space.

5.11. If the subject of the contract will be the placement of the presentation on the advertising area of the advertising device of the city poster type (hereinafter referred to as the “city-poster”) and the interested party expresses interest therein, the Provider is obliged to provide the interested party with 2 keys to the city-posters, which will enable the interested party to access the advertising areas on the city-posters. The provision as well as the return of the keys must be confirmed by the interested party and the provider by an acceptance report. In the event that the applicant fails to hand over the keys to the provider within ten working days of the end of the contract (regardless of the method of termination of the contract), the applicant shall be liable to pay the provider a contractual penalty of € 500 and shall also reimburse the provider for all costs associated with the replacement of the keys to the city-poster.

5.12. The Provider shall ensure the repair of the advertising area on which the presentation is placed in case of its damage, as well as the maintenance of such advertising area and its replacement in case of its theft (hereinafter referred to as “repairs and maintenance”). Repairs and maintenance shall be carried out by the Provider without undue delay and, in the event of damage to or theft of the advertising space, no later than ten working days from the date on which the Provider becomes aware of the damage or theft. If the damage or theft of the advertising space is notified to the provider by the interested party, during the period from the date of receipt of the interested party’s written notification to the date on which the provider arranges for the appropriate remedy, the interested party shall not be obliged to pay the provider any remuneration for the placement of the presentation on the affected advertising space.

5.13. In the event that for any reason (e.g. due to an act of authority, etc.) the Provider is no longer able or able to provide the services at the place of provision of the service, the Provider shall propose to the Candidate the relocation of the advertising space or a replacement advertising space at the replacement place of provision of the service, and if the above occurs for reasons on the Provider’s side, the costs associated with the relocation of the advertising space or the placement of the presentation on the replacement advertising space at the new place of provision of the service shall be borne by the Provider. Unless the interested party agrees to the Provider’s proposal or the Provider and the interested party agree otherwise, the contract shall terminate on the date of removal of the advertising space or presentation from the advertising space at the place of provision of the service by the Provider, whichever is earlier, and the Provider shall refund to the interested party the pro rata unused portion of the remuneration paid by the interested party for the period after the termination of the provision of the service by the Provider, no later than within ten working days from the date of receipt of the written request of the interested party, to the bank account of the interested party specified in its written request.

5.14. The Interested Party acknowledges that the Provider does not guarantee that advertisements or presentations of third parties, including, but not limited to, competitors of the Interested Party, will not be located or placed in the vicinity of the advertising space, whereas the Provider is entitled to provide services to third parties, including, but not limited to, competitors of the Interested Party, without any limitations whatsoever.

5.15. The Interested Party undertakes to provide the Provider in a timely manner with such assistance and cooperation as is necessary or required by the Provider for the performance of the Provider’s obligations under the Contract and/or for the proper and timely performance of the Contract.

6.1. The basic indicative prices for the provision of the Services are set out in the Provider’s price list (the “Price List”) and are exclusive of value added tax (“VAT”). The Provider’s Price List may be requested in electronic form. The price for the provision of the service may also be stated in the confirmation of the order by the Provider, in which case the price stated in the confirmation of the order shall prevail over the prices stated in the Provider’s price list (hereinafter referred to as the “remuneration”).

6.2. In addition to the Fee and any amounts charged by the Provider, the Provider shall charge VAT in accordance with the laws of the Slovak Republic.

6.3. The Provider is entitled to change the Price List at any time. Any changes to the price list shall apply exclusively to contracts concluded after the price list changes have been adopted.

6.4. The remuneration does not include the Provider’s remuneration for execution and installation, which shall be borne in its entirety by the Purchaser (“Installation Fee”).

6.5. Special costs incurred by the Provider in connection with additional and not normal activities requested by the Candidate (e.g. presentations that do not conform to the standard, standard quality or standard dimensions specified by the Provider) (hereinafter referred to as “Special Costs”) will be charged separately according to the type, form and scope of the activities within the meaning of the specific pricing arrangement between the Provider and the Candidate.

6.6. The remuneration is payable at the interval agreed in the order/ i.e. monthly, quarterly, half-yearly, annually/ on the basis of an invoice issued by the fifteenth day of the calendar month to which the remuneration relates.

6.7. The Installation Fee shall be payable on the basis of the Provider’s invoice issued within fifteen days of the date of confirmation of the order by the Provider.

6.8. Special costs are payable on the basis of an invoice issued by the Provider.

6.9. The invoice issued by the Provider is due for payment within fourteen days, unless otherwise stated on the invoice. In the event of a dispute, the invoice shall be deemed to have been received by the interested party on the third day following the date of dispatch by the provider, unless the interested party proves otherwise.

6.10. The invoice shall be deemed to have been paid on the date on which the invoiced funds are credited to the Provider’s account. Proof of payment of the invoice shall be deemed to be a photocopy of the Provider’s bank statement.

6.11. The Provider shall be entitled to make the provision of the service conditional upon payment in advance on the basis of an advance invoice, or upon immediate settlement of all outstanding liabilities of the Candidate to the Provider. In this case, the services shall be provided by the Provider only after the funds have been credited to the Provider’s account on the basis of the advance invoice or the immediate settlement of all outstanding liabilities of the interested party to the Provider.

6.12. If the Fee, Installation Fee or Special Expenses are payable by instalments or in instalments, failure to pay any instalment shall render the whole of the Fee, Installation Fee or Special Expenses immediately due and payable.

6.13. In the event of default by the Candidate in the performance of any financial obligation to the Provider, the Provider shall be entitled to suspend the provision of the Services immediately until all outstanding obligations of the Candidate have been paid in full.

6.14. In case of delay of the candidate with the fulfilment of any financial obligation towards the provider, the candidate is obliged to pay the provider interest on delay in accordance with the legislation of the Slovak Republic.

6.15. In the event of delay by the candidate in the fulfilment of any financial obligation to the provider, the candidate is obliged to pay to the provider a contractual penalty of 0.1% of the amount due for each day of delay.

6.16. Any discounts, if any, granted by the Provider to the Candidate shall accrue to the Candidate only if all outstanding claims of the Provider as at the date of granting of the discounts have been satisfied by the Candidate.

6.17. The Interested Party shall not be entitled to set off or otherwise apply any claims against the Provider against claims of the Provider against the Interested Party.

7.1. Force Majeure shall mean extraordinary circumstances preventing the performance of the obligations under the Contract and these Terms and Conditions which arise after the conclusion of the Contract and which could not have been averted by the Provider or the Interested Party (in particular, but not limited to, adverse weather conditions, strikes, civil disturbances, natural disasters, power outages, prohibition of access to advertising space, traffic restrictions, riots and disturbances, events that could not have been prevented, events occurring without the Provider’s fault).

7.2. In the event of circumstances of force majeure, the Provider shall be released from the obligation to provide the service specified in the contract as well as to fulfil its other obligations under the contract, to the extent and for the duration of the force majeure and its consequences.

8.1. Claims by the interested party concerning the provision of services may only be made against the provider during the period of the provision of the service, and always only in writing to the address of the provider’s registered office. The same applies to claims for substitution of the service or claims for defective performance.

8.2. A claim pursuant to paragraph 8.1 of these terms and conditions must contain a precise quantification of the claimed damage in accordance with these terms and conditions (unless the exact amount of the damage is not yet known to the interested party, which must be explicitly stated in the written claim) and must be delivered to the provider within the time limit specified in paragraph 8.1 of these terms and conditions.

8.3. The interested party must view the presentation or arrange for it to be viewed within seven days of the date of placement at the latest. After this period, the interested party shall have no objection to the installation or presentation made by the provider.

8.4. The claim for damages on the part of the interested party is excluded, except in the case of wilful misconduct on the part of the provider in the provision of the service or in the case of misconduct on the part of the provider in the provision of the service due to gross negligence on the part of the interested party.

8.5. The Provider shall be exempt from liability for damage if it proves that the damage was not caused by the Provider.

8.6. The Provider shall not be liable for damage or destruction of the presentation if such damage or destruction occurred without the Provider’s fault (e.g. due to an extraordinary event, intervention of a third party, force majeure, etc.).

9.1. The Provider is entitled to terminate the Contract (regardless of whether it is concluded for a definite or indefinite period) at any time by written notice delivered to the Candidate, in which case the Provider shall refund to the Candidate the proportionate unused part of the remuneration paid by the Candidate for the period of the provision of the service by the Provider after the termination of the Contract, no later than within ten working days from the date of receipt of the Candidate’s written request, to the Candidate’s bank account specified in the Candidate’s written request.

9.2. The Provider is also entitled to terminate the Contract for the following reasons:

a) the tenderer fails to fulfil or breaches any of its obligations under the contract or these terms and conditions;

b) the tenderer fails to respond for more than thirty days to a written request from the provider;

c) if the presentation, which was not known at the time of the conclusion of the contract, in the Provider’s judgment, in its content or form is contrary to the legislation of the Slovak Republic, ethical principles of advertising practice or good morals;

d) any fact occurs which may affect the trouble-free course of the provision of services

e) there are changes in the economic situation of the applicant which, in the opinion of the Provider, may have a negative impact on the applicant’s ability to fulfil its obligations towards the Provider;

f) a fact arises which casts doubt on the applicant’s continued performance of its obligations.

9.3. The contract concluded for an indefinite period of time may be terminated at any time by the interested party, even without stating a reason.

9.4. The notice period is three calendar months and starts on the first day of the month following the month in which the notice of termination is received.

9.5. Termination of the contract shall not affect the obligation of the interested party to fulfil all obligations to the provider arising from the order or these terms and conditions (e.g. payment of remuneration, installation fees, special costs, compensation for damages, loss of profit, contractual penalties, interest for late payment, etc.).

9.6. The Provider shall be entitled to withdraw from the contract in all cases provided for in these terms and conditions as well as for the reasons provided for by law without incurring any obligations to the prospective customer. In particular, the Provider is entitled to withdraw from the contract if the Candidate is more than thirty days in arrears with the payment of any amount due. The obligation of the prospective customer to pay to the provider all sums under the contract, the terms and conditions and/or the law which become due or to which the provider becomes entitled by the date on which the withdrawal takes effect shall not be affected by the withdrawal from the contract. At the same time, for the avoidance of any doubt, in the event of withdrawal from the contract, the Provider shall not be obliged to reimburse the Candidate for any consideration received from the Candidate.

9.7. The Provider and the Candidate may also terminate the Contract by written agreement. The obligation of the interested party to pay to the provider all amounts under the contract, the terms and conditions and/or the law which become due or to which the provider becomes entitled shall not be affected by the conclusion of a termination agreement.

10.1. The Interested Party shall notify the Provider of any damage, destruction or theft of the Presentation or Advertising Space without undue delay after becoming aware of such damage, destruction or theft.

10.2. If, in accordance with these terms and conditions, the interested party is entitled to any manipulation of the advertising space, the interested party shall treat the advertising space as well as the advertising equipment on which the advertising space is located in an appropriate manner with regard to the operational and technical characteristics of the advertising space and the advertising equipment and shall maintain it in a proper condition so as to prevent damage to the advertising space and the advertising equipment.

10.3. The Provider is obliged to insure the presentation only if the Provider and the interested party expressly agree on this.

10.4. The provider is entitled to notify the competent authorities responsible for monitoring advertising costs for all conventional media of the number of presentations brought in, specifying their format and type of installation.

10.5. The Applicant is not entitled to assign any of its claims against the Provider to a third party without the Provider’s prior written consent, even for the purpose of security.

10.6. The Provider warns the Candidate of the following consequences of non-performance of the obligations under the contract: application of the obligation, application of the contractual penalty, application of interest on delay, application of compensation for damages, withdrawal from the contract, court proceedings and, if applicable, the obligation to bear the costs of the proceedings, enforcement proceedings and, if applicable, the obligation to bear the costs of the enforcement proceedings, assignment of the claim to a third party.

11.1. The interested party, if he is a natural person, by signing the order expressly, comprehensibly, knowingly, freely and without any other conditions, on the basis of the information provided by the provider, agrees to the fact that his personal data (including special categories of personal data pursuant to Act No. 428/2002 Coll, on the protection of personal data, as amended (hereinafter referred to as the “Personal Data Protection Act”), the processing of which by the Provider is not prohibited by special legislation) to the extent ascertainable from the candidate’s official documents, in particular, but not limited to, title, name, surname, address, date of birth, birth number, ID number, TIN number, VAT number; and to the extent of other personal data as ascertainable from written documents, resp. The information obtained by the creditor within the framework of the contractual relationship on the basis of the order (or even before its conclusion), was processed by the provider as the information system operator for its needs arising from the confirmed order (i.e. for the following purpose: keeping accounting records and records of business partners; the exercise of rights and obligations arising from the confirmed order and generally binding legal regulations; the protection of the rights and legitimate interests of the provider; company statistics, archiving and marketing), and also in connection with the aforementioned purpose of processing further provided or made available (as an intermediary, recipient or third party) to any persons who perform activities for the provider on a contractual basis or provide services related to the achievement of the aforementioned purpose of processing (e.g. external accounting firm, law firm, vendor or company performing the installation of the presentation, company providing the provider with the enforcement of claims or other obligations arising from the contract to the interested party, etc.), as well as to other persons who are in a position of a controlled or controlling person within the meaning of Section 66a of the Commercial Code, or in a position of a person personally or financially related to the provider, including those entities that are established abroad.

11.2. The applicant hereby also consents to his/her personal data other than his/her birth number being disclosed, under the conditions set out in the Data Protection Act, to an intermediary, recipient or third party: to persons who are in a position of control or controlling person in relation to the Provider within the meaning of Section 66a of the Commercial Code, or in a position of a person personally or financially related to the Provider, including to those entities established abroad, and, where applicable, to advertising and marketing agencies cooperating with the Provider, insurance companies cooperating with the Provider, for the purpose of providing the prospective customer with information on model offers or for the purpose of proposing other products and services, or for the purpose of market research and customer (including the prospective customer’s) satisfaction with the Provider’s activities and products.

11.3. The Applicant further agrees that in the event of default in the payment of any claim or part thereof in connection with this contractual relationship, the Provider shall be entitled to include the Applicant’s identifying information (title, name, surname, address, etc.) as well as the amount of the amount owed in any publicly accessible list of debtors. By signing the order, the interested party also confirms that his/her consent extends to the right of the provider, its agent, third party or recipient to obtain the personal data necessary to achieve the purpose of the processing by copying, scanning or otherwise recording official documents on an information medium. By signing the order, the prospective customer also confirms that his consent to the processing of his personal data by the provider has not been coerced in any way by the provider or conditioned by the threat of rejection of the contractual relationship and that he has been informed by the creditor of the existence and content of his legal rights as a data subject.

11.4. The Provider shall be entitled to process the personal data of the Candidate, subject to the conditions set out in the preceding articles, even after the contractual relationship has been fulfilled or otherwise terminated, for a period no longer than is necessary to achieve the purpose of their processing, but no longer than twenty years from the termination of all rights and obligations under the contract.

11.5. The interested party may withdraw consent to the processing of personal data under the following conditions: (a) the provider repeatedly and seriously breaches its obligations set out in the Data Protection Act, (b) the interested party delivers the withdrawal of consent to the provider.

11.6. The applicant acknowledges that in the course of the processing of the applicant’s personal data by the provider, or in the course of their provision or disclosure by the provider to other persons, there may be a transfer of such personal data to other member states of the European Union or to third countries. The applicant expressly consents to such cross-border transfer of personal data, even if the destination country would not guarantee an adequate level of protection of personal data.

11.7. By signing the order, the interested party also confirms that the provider has fulfilled its obligations towards him/her under the Personal Data Protection Act, in particular the provisions of § 10 (1).

All legal relations between the interested party and the provider are governed by the laws of the Slovak Republic. Any disputes between the interested party and the provider shall be decided by the courts of the Slovak Republic.

13.1. In matters not covered by the Contract or these Terms and Conditions, the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, shall apply.

13.2. Provisions supplementing and modifying the provisions of these Terms and Conditions contained in the Contract shall always prevail over the provisions of these Terms and Conditions.

13.3. In the event that individual provisions of these terms and conditions are or become invalid, the validity of the remaining provisions of these terms and conditions shall not be affected. In such a case, the interested party and the provider shall immediately agree on a substitute arrangement which corresponds as closely as possible to the economic purpose pursued.

13.4. The current version of the terms and conditions is published on the provider’s website at www.ardsystem.sk

13.5. These terms and conditions shall come into force and effect on 01.01.2012 and shall remain in force for an indefinite period of time.