TERMS
AND CONDITIONS
These Terms and Conditions (hereinafter referred to as the "Terms") define and specify the mutual rights and obligations of the contracting parties in connection with the sale and purchase of products and the provision of services by the Provider (Seller), as specified in Section I of these Terms.
The Provider offers services primarily in the field of digital marketing, including marketing consulting, website development, copywriting, editing, proofreading, social media management, graphic design, and marketing services. The Provider also sells digital products, including online courses, e-books, and Instagram templates. These Terms apply to all such products and services.
All contractual relationships governed by these Terms are concluded in accordance with the laws of the Czech Republic.
I. General Provisions
The service provider and seller is:
Movements Media s.r.o.
Company ID (IČ): 11794542
VAT ID (DIČ): CZ11794542
Registered office:
Školská 689/20
110 00 Prague 1
Czech Republic
Registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 353645.
Represented by: Tereza Čierníková
E-mail: tereza@movementsmedia.com
(hereinafter referred to as the "Provider")
The customer (hereinafter referred to as the "Customer") is any individual or legal entity purchasing products or ordering services through the Provider's website at www.movementsmedia.com (hereinafter referred to as the "Website"), thereby entering into a purchase agreement, service agreement, contract for work, or another contractual relationship depending on the nature of the ordered product or service.
Any purchased product, completed work, or service provided by the Provider constitutes intellectual property owned by the Provider, who also exercises the related proprietary copyright. This includes, but is not limited to, e-books, presentations, online courses, webinars, Instagram templates, and similar digital content.
The Customer is prohibited from copying, distributing, sharing, reproducing, or otherwise making such products or services available to third parties without the Provider's prior written consent.
The Provider offers its products and services through the online store available on www.movementsmedia.com (hereinafter referred to as the "Store"). Contracts are concluded remotely through the Store or, in certain cases, via e-mail communication.
By submitting an order, the Customer confirms that they have reviewed all information relating to the relevant product or service and agree to these Terms.
Where an order is placed through the Website using an online order form, the Customer is responsible for reviewing all entered information before submitting the order and correcting any inaccuracies. The Provider is entitled to rely on the accuracy and completeness of the information provided by the Customer and accepts no responsibility for any consequences arising from inaccurate or incomplete information.
Orders placed through the Store are binding on the Customer.
The Provider will confirm acceptance of the order by sending a confirmation e-mail to the e-mail address provided by the Customer. The Provider is not obliged to accept every order. A contract is concluded only once the Provider has accepted the order by sending the confirmation e-mail.
If the Provider decides not to accept an order, the Customer will be informed by e-mail and any payment already received will be refunded without undue delay to the account from which it was paid.
Once the Provider accepts the order, a contractual relationship is established between the parties. The Provider undertakes to deliver the purchased product or provide the ordered service, while the Customer undertakes to pay the agreed purchase price or service fee.
By submitting an order, the Customer confirms that they have read and accepted these Terms and Conditions. These Terms form an integral part of every agreement concluded between the Customer and the Provider.
Should the Provider have reasonable doubts regarding the authenticity of an order, the Provider may contact the Customer before accepting the order to verify its authenticity. If the authenticity cannot be verified, the order shall be deemed not to have been placed and will not be processed.
II. Delivery of Digital Products
Where a product is advertised with a specified delivery date, the product will be delivered no later than that date, provided that the Customer has paid the full purchase price before delivery.
Where no specific delivery date is stated, the product will be delivered without undue delay after the purchase price has been paid in full.
The delivery period depends on the nature of the product and the selected payment method.
E-books and other digital content will be delivered in PDF format or another suitable digital format. Delivery will take place after payment has been received by sending the file as an attachment to the Customer's e-mail address provided in the order or by providing a download link.
Consultations and other purchased services will be provided on a date mutually agreed upon by the Provider and the Customer via e-mail or telephone. Any agreement made by telephone must subsequently be confirmed by e-mail.
The Customer is obliged to check the accessibility and functionality of the delivered product without undue delay after delivery. If any defects or technical issues are identified, the Customer shall notify the Provider immediately by e-mail at tereza@movementsmedia.com.
The Provider informs the Customer that digital products require suitable hardware and software capable of opening and using PDF documents or other applicable file formats. The Provider shall not be liable for any inability to access or use the purchased product caused by insufficient technical equipment on the Customer's side.
III. Prices and Payment Terms
The prices of products and services are published on the Provider's Website and remain valid for as long as they are displayed.
Where promotional prices are offered, such prices apply only under the conditions and for the period stated on the Website.
Due to the digital nature of the products and services, no shipping or delivery charges apply.
Unless expressly agreed otherwise, the Provider is obliged to deliver products or provide services only after the agreed price has been paid in full.
Payment may be made using one of the following methods:
Bank transfer based on an invoice issued by the Provider. The Customer must include the specified payment reference number. Bank transfers may take one to two business days to process.
Online bank transfer via payment buttons.
Online payment by Visa, Visa Electron, MasterCard or Maestro payment cards.
The invoice will be delivered to the Customer together with the order confirmation e-mail.
Online card payments and instant bank transfers are processed securely through the payment gateway operated by ComGate Payments, a.s. Payment card details and online banking credentials are entered exclusively through the Provider's secure payment gateway.
ComGate Payments, a.s.
Gočárova třída 1754/48b
500 02 Hradec Králové
Czech Republic
E-mail: platby-podpora@comgate.cz
Phone: +420 228 224 267
Any additional payment methods will be displayed on the Website or agreed individually between the Provider and the Customer.
Payments may be made in Czech Crowns (CZK) or Euros (EUR).
The payment due date is stated on the invoice or payment instructions.
Late payments may be subject to statutory default interest in accordance with applicable legislation.
Payment in instalments is not available unless expressly agreed otherwise.
The Provider reminds Customers that products or services delivered by e-mail may occasionally be filtered into Spam, Junk, or Promotions folders. If the Customer has not received the purchased product within the agreed period, they should first check these folders. If the product still cannot be located, the Customer should contact the Provider without undue delay at tereza@movementsmedia.com.
IV. Consultations
Marketing and content consulting services may be ordered through the contact form available on the Provider's Website, by e-mail, or by telephone.
The service agreement is concluded upon the Provider's confirmation of the order by e-mail sent to the Customer's e-mail address provided in the order. In the case of telephone orders, the agreement must also be confirmed by e-mail.
The Provider undertakes to maintain strict confidentiality regarding all information constituting the Customer's trade secrets or confidential business information, where disclosure could adversely affect the Customer's competitive position. The content of all consultations is considered confidential.
Consultations are provided on a non-exclusive basis. The Provider reserves the right to provide services to businesses that may be considered competitors of one another. However, the Provider always strives to propose solutions tailored specifically to each Customer rather than replicating solutions created for competing businesses.
Consultations may be held either in person or online, depending on the agreement between the Provider and the Customer and taking into account practical circumstances such as availability, location, and the nature of the consultation.
Consultations begin at the exact date and time agreed upon by both parties ("Scheduled Time").
If the Customer fails to attend the consultation on time, or is not prepared to begin the consultation (in the case of an online meeting), the missed time shall be deducted from the booked consultation period and no replacement time will be provided.
If the delay is caused by the Provider, the lost time will be compensated accordingly.
If the consultation cannot take place due to the Customer's absence without prior notice, the Provider reserves the right to charge the Customer for one hour of consultation.
Consultations are billed according to the Provider's current hourly rate published on the Website.
Each commenced hour is billed as a full hour.
Consultation fees are payable upon receipt of an invoice issued after the consultation has taken place.
Payment shall be made by bank transfer using the payment details provided on the invoice.
V. Website Development
The Customer accepts the completed website by approving it via e-mail and authorising either:
the transfer of login credentials, or
the transfer of the website to the Customer's hosting or domain account.
Plugins may only be installed with the Customer's consent and only where necessary to ensure the proper functionality of the website without negatively affecting its performance.
The Provider undertakes to correct, free of charge, any content or visual defects identified within 30 days of handing over the website, provided such defects were not caused by the Customer.
After this period, any requested modifications or corrections will be billed according to the Provider's current hourly rate published on the Website.
If cooperation between the parties ends before the website has been completed, the Provider will hand over the website in its current stage of development together with relevant documentation describing its current status.
In such cases, the Provider will invoice only the work completed up to the date of termination based on the applicable hourly rate.
The websites are built using the WordPress content management system, distributed under the GNU General Public License.
Websites are created using the Elementor Pro framework, and the Customer receives a lifetime licence for its use as part of the project.
Once the website has been handed over, responsibility for its ongoing maintenance, including software updates, passes to the Customer.
VI. Withdrawal from the Agreement
If a contract is concluded remotely between the Provider and a Customer acting as a consumer within the meaning of Sections 1824 et seq. of Act No. 89/2012 Coll., the Czech Civil Code, the Customer has the right to withdraw from the contract within 14 days in accordance with Section 1829 of the Czech Civil Code.
To exercise this right, the Customer must notify the Provider by e-mail, explicitly stating their intention to withdraw from the contract.
The right of withdrawal does not apply to services (such as consultations or website development) that have already been provided before the expiry of the withdrawal period with the Customer's prior consent.
The Customer is also not entitled to withdraw from a contract for the supply of digital content delivered electronically, where such content has been supplied with the Customer's prior express consent before the withdrawal period expired, in accordance with Section 1837(l) of the Czech Civil Code.
Any rights and obligations not expressly governed by these Terms shall be subject to the applicable provisions of the Czech Civil Code.
VII. Governing Law and Dispute Resolution
These Terms and all contractual relationships between the Provider and the Customer shall be governed by the laws of the Czech Republic.
Before initiating legal proceedings, the Customer agrees to attempt to resolve any dispute through the Czech Alternative Dispute Resolution (ADR) system administered by the Czech Trade Inspection Authority (CTIA).
If the ADR authority considers the complaint justified, it may invite the Provider to participate in an amicable resolution of the dispute.
Before initiating ADR or court proceedings, the Provider recommends that the Customer first contact the Provider directly by e-mail at tereza@movementsmedia.com and describe the complaint concerning the contract, the provided services, or any other issue. The Provider will make every reasonable effort to resolve the matter amicably.
VIII. Warranty and Complaints
The Provider does not provide any additional commercial warranty for its products or services.
Any claims relating to defective performance shall be submitted by e-mail to tereza@movementsmedia.com.
The Provider is responsible for ensuring that products are free from defects at the time of delivery.
The rights and obligations relating to defective performance shall be governed by the applicable provisions of the Czech Civil Code.
IX. Privacy
Where the Customer has expressly consented to receiving marketing communications, the Provider may process the Customer's personal data for the purpose of sending newsletters, promotional offers, and other commercial communications.
Such communications will be sent until the Customer withdraws their consent or unsubscribes.
Further information regarding the processing of personal data is available in the separate Privacy Policy.
X. Final Provisions
The agreement between the Provider and the Customer remains in force until all obligations arising from the agreement have been fulfilled.
These Terms and Conditions became effective on 1 September 2021.
Where any provision of an individual agreement concluded between the Provider and the Customer differs from these Terms, the provisions of the individual agreement shall prevail. These Terms shall apply only to matters not specifically regulated by the individual agreement.
The Provider reserves the right to amend these Terms from time to time. Any agreement shall always be governed by the version of the Terms that was effective on the date the agreement was concluded.
Any rights and obligations not expressly regulated by the agreement or these Terms shall be governed by the applicable provisions of the Czech Civil Code.
The Provider accepts no liability for the Customer's subsequent use of purchased products or services or for any consequences arising from such use.
All content published on the Provider's Website is protected by copyright law. Unless expressly stated otherwise, no part of the Website may be copied, reproduced, distributed, or otherwise used without the Provider's prior written consent.