Terms of business

1. Who we are and who these terms apply to

These terms govern the work between the provider Marek Zouzalík – BeDigit, company ID 06235808, registered at Žižkova 1538, 274 01 Slaný, sole trader registered in the Czech Trade Register (“BeDigit”) and the client (“you”). Our services are aimed mainly at businesses. If you are a consumer, your statutory rights also apply and these terms do not override them.

Anything we agree in an offer or contract takes precedence over these terms.

2. What we do

We build custom software, mobile apps, automations and system integrations, websites and e-shops, and provide hosting, support and further development for them. The exact scope, price and dates are always set by the offer you receive.

3. How an order is made

• The first consultation is free and doesn’t commit you to anything.
• After it, we send you an offer. For software and apps it is split into stages, each with an estimate of hours and cost.
• The contract is formed when you confirm the offer or its first stage, including by email.

4. Price

• Custom software, apps and automation are billed by the hours actually worked at the hourly rate on our website, or in the offer if it differs. Estimates are indicative. If a stage is going to exceed its estimate by more than 15%, we tell you in advance and don’t continue beyond that amount without your approval.
• Websites and e-shops are built for the fixed price in the offer. Work beyond the agreed scope is billed hourly, always after your approval.
• We are not registered for VAT, so the prices quoted are final. If we become VAT-registered, we will tell you in advance and add VAT at the statutory rate to new orders.

5. Payment

We invoice after delivering each stage, or for websites and e-shops according to the payment terms in the offer. Invoices are due within 14 days. If an invoice is more than 14 days overdue, we may pause work until it is paid, and deadlines move by the length of the pause.

6. Working together

To keep to deadlines, we need materials, access to the systems we connect, and answers from you in time. If these are delayed, the delivery date moves by the same period.

7. Delivery and acceptance

• We deliver each stage for you to test. You have 10 working days for comments.
• If you send no objections within that time, or start using the stage in production, it is considered accepted.
• Minor defects that don’t prevent use don’t prevent acceptance. We fix them under the warranty.

8. Who owns the software and data

• Once a stage is paid in full, you receive an exclusive licence, unlimited in time and territory, to what we created for you, including the right to modify it, have another supplier modify it and pass it on. We hand over the source code and access.
• General libraries, open-source components and our own tools used in the work remain with their authors. You get a non-exclusive licence to use them in the work, which in no way limits your use or further development of it.
• Data you put into the system is always yours.
• We may list the finished work among our references. If you’d rather we didn’t, just tell us.

9. Warranty and defects

We fix free of charge, without undue delay, defects that appear within 3 months of delivering a stage and contradict what we agreed. Changes in behaviour you approved are not defects, nor are problems caused by third parties, changes to connected systems or running outside the agreed environment.

10. Hosting, support and development

• For websites and e-shops, hosting is included for the period stated in the package. After that we offer a renewal. If you don’t want it, we hand the site over and you can move it elsewhere.
• Support, updates, backups and further development of software are provided as agreed, hourly or for a monthly fee.

11. Liability

We are liable for damage caused by breaching our obligations. Total compensation is limited to the price paid for the stage or service concerned and excludes lost profit. The limit does not apply to damage caused intentionally or through gross negligence. You are responsible for the accuracy of data you enter and for backups of your own systems.

12. Confidentiality and personal data

We keep confidential everything we learn about your company. If the work or its operation involves personal data you are responsible for, we sign a data processing agreement under Article 28 GDPR. How we handle your contact details is described in our Privacy policy.

13. Ending the work

Either party may end the work after the stage in progress is finished, or at any time in writing, in which case work in progress is billed by hours worked. Once paid, we hand over everything finished, including source code and data. You never depend on us.

14. Final provisions

These terms are governed by Czech law, in particular the Civil Code. We may change them; a new version applies to orders confirmed from its effective date. Questions about these terms: [email protected].