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Terms & Conditions

The Terms and Conditions were last updated on 19.04.2024

Introduction

The SBC-Digital website located at https://sbc-digital.com/ (hereinunder refer to – Website) is a copyrighted work belonging to SBC Digital s.r.o. (legal entity registered in Czech Republic, hereinunder refer to - Company). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms and Conditions described the legally binding terms and conditions that oversee your use of the Website and to the transactions related to our products and services. The mere use of this website implies the knowledge and acceptance of these Terms and conditions and Companie’s Policis. In some particular cases, we can also ask you to explicitly agree.
You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail. Users indicate acceptance of the Terms and all the terms and conditions contained or referenced in these Terms by browsing the Website, creating an account, or otherwise accessing the Services. SBC-Digital reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms and any Policies, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. Provided you comply with these Terms, SBC-Digital grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Services

The terms of service provided by the company are outlined on this Website and in individual contracts that must be signed separately with each client.

Access to the Website and Eligibility. Responsible use
No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Website.
YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE. When you access our website, you agree to use it in accordance with these Terms, any agreements you have with us, and all relevant laws, rules, and accepted internet practices and standards. You are prohibited from utilizing our website or its services for the dissemination, publication, or distribution of any content that includes (or links to) harmful software; from using data obtained from our website for direct marketing purposes; or from carrying out any form of systematic or automated data gathering related to our website. You must not engage in activities that could harm the website or impair its functionality, availability, or accessibility.
Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations.

Intellectual property

Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Website solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Website in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms. All copyright and other proprietary notices on the Website must be retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Website with or without notice to you. You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the or any part.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and its content are owned by Company or Company's suppliers. Note that these Terms and access to the Website do not give you any rights, title or interest in or to any intellectual property rights. Company and its suppliers reserve all rights.

Copyright Policy

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Copyright/Trademark Information
Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent:

  • your physical or electronic signature;
  • identification of the copyrighted work(s) that you claim to have been infringed;
  • identification of the material on our services that you claim is infringing and that you request us to remove;
  • sufficient information to permit us to locate such material;
  • your address, telephone number, and e-mail address;
  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. The Website may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.
We are not accountable for the privacy policies or the content on these websites. The risk associated with accessing these sites and any services provided by third parties is entirely yours. We will not be liable for any harm or loss, regardless of how it occurs, arising from your sharing of personal information with third parties.

Other Users. Each Website user is solely responsible for any and all of its own User Content if it may occur. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any other Website, SBC-Digital uses ‘cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.

WARRANTY DISCLAIMER

THE WEBSITE AND COMPANY’S SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND COMPANY AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE AND OUR SUPPLIERS MAKE NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR OUR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INCAPABILITY TO USE THE SITE EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE THOUTHEND U.S. DOLLARS (U.S. $1000). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

Users of the Website commit to protecting, defending, and exonerating SBC-Digital, its subsidiaries and affiliates, along with their employees, officers, and directors (individually, an “SBC-Digital Entity” and together, the “SBC-Digital Entities”), as well as each SBC-Digital Entity’s licensors, organizations, licensees, consultants, contractors, agents, lawyers, owners, third-party service providers, and authorized third parties, from any and all claims, liabilities, costs, and expenses, including reasonable legal fees (altogether, “Claim(s)”), that arise directly or indirectly from the materials or information provided, the use of the Site(s) or the Platform(s), or any violation of these Terms. You agree to take full responsibility for defending against any Claim directed at or incurred by SBC-Digital and/or any SBC-Digital Entity, with SBC-Digital and/or the SBC-Digital Entity retaining the right to engage its own legal representation, and to cover any damages or losses resulting from all claims against SBC-Digital, and/or any SBC-Digital Entity, on the condition that you will not consent to any settlement that imposes any obligation or liability on SBC-Digital and/or an SBC-Digital Entity without the express written approval of SBC-Digital.

Term and Termination.

Subject to this Section, these Terms will remain in full force and effect while you use the Website. We may suspend or terminate your rights to use the Website at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account (if it is) and right to access and use the Website will terminate immediately. At the same time, the terms laid out in individual contracts will be applied to the actions of those contracts. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the provisions regarding Intelectual property, Confidentiality and Limitation on Liability of these Terms will remain in effect.

Revision of Terms and Conditions

We reserve the right to modify these Terms and Conditions occasionally. You are responsible for regularly reviewing these Terms and Conditions to stay informed about any alterations. The date listed at the top of these Terms and Conditions indicates when they were last updated. Any modifications to these Terms and Conditions will take effect once they are published on this website. By continuing to use this website after changes or updates are posted, you acknowledge and agree to adhere to and be legally bound by the updated Terms and Conditions.

DISPUTE RESOLUTION. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms and conditions of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 150 00, Czech Republic, Praha, Plzeňská 3350/18, Smíchov. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the International Chamber of Commerce Czech Republic (ICC Czech Republic), an established alternative dispute resolution provider that offers arbitration as set forth in this section. If ICC Czech Republic is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The ICC Czech Republic Consumer Arbitration Rules governing the arbitration are available online at https://www.icc-cr.cz/en. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules of ICC Czech Republic. The arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $1,000.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the ICC Czech Republic Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ICC Czech Republic Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality

All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in ICC Czech Republic for such purposes.

Electronic Communications

The communications between you and Company use electronic means, whether you use the Website or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Assignment

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

Know Your Customer (KYC) Compliance Policy

KYC Verification: The Company is committed to upholding the highest standards of customer due diligence and adheres to strict Know Your Customer (KYC) procedures as part of its compliance program. In accordance with this commitment, the Company reserves the right to conduct verification checks on the Client and Counterparty to ascertain identity, legal standing, and operational integrity.

Information Collection: For the purposes of conducting KYC verification, the Customer or other any Counterparty agrees to provide, upon the Company's request, accurate and up-to-date information including but not limited to identification, business registration documents, and other relevant details. The Client acknowledges that the Company may, where necessary, seek additional information from external sources, including public and private registries, to complete the KYC process. Protection of personal data, which, if collected as part of compliance, is safeguarded in accordance with the Privacy Policy and Privacy Notice for Recruitment

Use of Information: The information collected during the KYC process will be used solely for compliance purposes, in accordance with applicable laws and regulations governing data protection and privacy. The Company is committed to maintaining the confidentiality and security of the Client's Counterparty’s information, except where disclosure is required by law or regulatory authorities.

Compliance Failure: Failure by the Clientor Counterparty to provide the necessary information for KYC verification within a reasonable timeframe, or the provision of false or misleading information, may result in the suspension or termination of the bussnes relantiptin or Agreement, at the Company's discretion. The Company reserves the right to take any further legal or remedial actions as deemed necessary to comply with its KYC policy and applicable laws.

Updates and Re-verification: The Client agrees to promptly inform the Company of any changes to their information previously provided for KYC purposes. The Company may, from time to time, require re-verification of the Client's information to ensure ongoing compliance with its KYC policy.

Privacy

Please read our Privacy Policy and Privacy Notice for Recruitment

Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of Czech Republic. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

Contact Information

Address: 150 00, Czech Republic, Praha, Plzeňská 3350/18, Smíchov
Email: info@sbc-digital.com