1.1 These General Terms and Conditions of the business company stylers.cloud s.r.o. with its registered office at Dunajská 8, 811 08 Bratislava – city district Staré Mesto, Slovak Republic, company ID number: 53 734 840, TAX ID: 2121496399, VAT ID: SK2121496399, registered in the Commercial Register of the District Court Bratislava I, Section Sro, File No. 152250/B, email: email@example.com, (hereinafter referred to as the “Provider”), determine the mutual rights and obligations of the Parties arising in connection with or under an agreement concluded between the Provider and the Developer, the subject of which is the creation of the Work within the meaning of the Copyright Act specified in these General Terms and Conditions, or the provision of other related services of a consulting nature (hereinafter referred to as the “Terms”).
1.2 The Provider is a business company which is authorised to provide within the scope of its activities, among other things, support, assistance, and consulting services to Developers within their activities.
1.3 The Provider is interested in providing Services for Developers within the meaning of the term as defined below.
2. Definitions and interpretations of terms
2.1 The terms written with a capital beginning letter and not defined elsewhere in the Terms have the following meanings in the Terms:
Copyright Act means the Act No. 185/2015 Coll., the Copyright Act, as amended.
Bank Account means the Provider’s bank account held with Tatra Banka, IBAN: SK23 1100 0000 0029 4910 3312, to which Developers can pay the Provider a Contribution.
CSS Code (Cascading Style Sheets) means the code for visual formatting of Online Products in CSS.
Developer means a legal entity or a natural person – entrepreneur to whom the Provider provides Services in accordance with the Terms.
Work means a work within the meaning of the relevant provisions of the Copyright Act that is developed under the Contract in the performance of the Services, and any part thereof is also considered to be the Work.
Provider’s Website is an updated website located at www.css.support.
Commercial Code means the Act No. 513/1991 Coll., the Commercial Code, as amended.
Online Tool means the Provider’s online tool for ordering and delivering the Services, as well as for communication or any other cooperation between the Provider and the Developer.
Online Product means the Developer’s website or web application in which Styling or other similar acts are performed.
Contribution means a sum of money that the Developer may provide to the Provider on a voluntary basis pursuant to Article 5. of the Terms.
Service means the Provider’s service ordered by the Developer through the Online Tool, which consists mainly of the creation, editing or other modification of a part of the CSS Code (Styling) as well as consulting services of the Provider (or another appropriate form of assistance) associated with it. The aim of providing the Services is to help the Developer solve his problem/task within his own Online Product. For the avoidance of doubt, the Service does not include the solution of complex tasks within the Developer’s Online Product, i.e., for example, Styling of the entire Online Product, or delivering the entire CCS Code for the Online Product. The Developer secures the actual implementation of the part of the CSS Code supplied by the Provider into the Developer’s Online Product.
Styling means writing or editing the CSS Code for the purposes of these Terms.
Account means the Developer’s online account within the Online Tool through which the Developer logs in and uses the Online Tool. The Developer may have only one Account unless the Parties agree otherwise.
Task means the Developer’s order through the Online Tool for providing the Service. Individual Tasks shall not form a whole and are not interlinked for the purposes of these Terms.
Modification of HTML Code is a suggestion by the Provider to modify the HTML code of an Online Product necessary to perform a Task.
Code Snippet means the actual code created by the Provider for the Developer that allows the Developer to open and use the Online Tool.
Contract means an agreement concluded between the Developer and the Provider in accordance with the Terms.
Parties mean the Provider and the Developer.
3. Conclusion of the Contract
3.1. The Contract is concluded in accordance with the Terms between the Provider and the Developer. The Contract has the character of a framework agreement under which the Provider performs Services for the Developer free of charge, while the Developer has the right to provide the Provider a Contribution pursuant to Article 5. of the Terms. The Contract is considered to be concluded upon registration of the Developer on the Provider’s Website, registration is made by entering the email address and sending it (by clicking on the field called “get started”) (hereinafter referred to as “Email Address”). By registering according to the previous sentence, the Developer also expresses consent and acceptance of these Terms as well as the Provider’s data protection policy.
3.2. The Parties acknowledge that each Task is considered to be a partial contract concluded within and based on the Contract. A partial contract forms an inseparable part of the Contract and is considered concluded upon the entering of the Task by the Developer through the Online Tool.
4. Initiating the Service, entering and performing Tasks
4.1. After registering the Email Address according to paragraph 3.1. of the Terms, the Provider will send the Developer a Code Snippet that will allow the Developer to use the Online Tool and, at the same time, the Provider will send a password for the Developer’s newly created Account to the Email Address.
4.2. The Developer then inserts the Code Snippet into the HTML code of his Online Product, and a stylers.cloud pop-up (window) appears, through which, when clicking on it, a smaller stylers.cloud window will open - a widget, where the Developer will be able to log in through the Email Address and password that he received on the Email Address according to paragraph 4.1. of the Terms.
4.3. The Developer's Account is activated by logging in accordance with paragraph 4.2. of the Terms.
4.4. The Parties acknowledge that the Provider is at his sole discretion entitled to terminate the Developer's Account as well as his access to the Online Tool at any time and at the same time to stop providing the Services (mainly due to inappropriate activities of the Developer).
4.5. The Developer will be able to log in to the Online Tool after adding the Code Snippet to the HTML code of the Online Product. The Developer hereby acknowledges that the Provider will not be able to continue to provide its Services after removal of the Code Snippet.
4.6. Through the Online Tool the Developer will highlight the part of the Online Product within which the Service is to be provided by the Provider, i.e., the part of the Online Product for which the Provider is to create/modify part of the CSS Code. The Developer can also describe through the Online Tool the problem he needs to consult with the Provider.
4.7. After entering the Task by the Developer, the Provider checks it for its clarity and completeness and, if necessary, contacts the Developer to supplement or clarify the Task. If the Task is clear and complete, the Provider will start working on its performance.
4.8. The Provider informs the Developer via the Online Tool, by email, or by other appropriate means of communication if the performance of the Task requires the Developer’s cooperation.
4.9. The Parties agree that the Provider is entitled to reject any Task (mainly due to the inappropriate content of the Task).
4.10. If Modification of HTML Code is required for the proper performance of the Task, it is automatically applied through the Online Tool after the Task has been performed by the Provider. The Provider strongly recommends implementing the Modification of HTML Code.
4.11. After performing the Task, the Provider delivers part of the CSS Code to the Developer via the Online Tool. The Developer will be able to download part of the supplied code via the Online Tool and then paste it into his HTML code.
4.12. The Developer may accept or reject the performed Service (i.e., in particular to accept/reject the part of the CSS Code).
4.13. By accepting as well as by rejecting the Service by the Developer, the Service is deemed to have been duly performed, provided, and delivered.
4.14. If the Developer is not satisfied with the performed Service, or in the event of rejection of the Service, the Developer may provide his feedback, comments, and reasons for his dissatisfaction through the Online Tool.
4.15. The Parties acknowledge that the part of the CSS Code is applied to the Developer’s Online Product HTML by the Developer himself.
4.16. Any order to further modify the Developer’s CSS Code after delivery of the Service according to paragraph 4.11. above shall be considered a new Task.
4.17. The Developer hereby acknowledges that the Provider does not guarantee functionality and is not liable for the parts of the provided CSS Code in case of its further implementation within the Developer's Online Product or in the case of any other use of the CSS Code.
5.1. The Provider provides the Services free of charge.
5.2. After providing the Service by the Provider according to paragraph 4.11. above, the Developer can indicate in the Online Tool whether he was satisfied with the provided Service and at the same time has the possibility to provide the Provider with the Contribution in the amount at his discretion. For the avoidance of doubt, the Provider is not legally entitled to the Contribution.
5.3. If the Developer decides to provide the Provider with a Contribution, he will pay the amount of the Contribution to the Bank Account.
6. Copyright and licensing
6.1. The Provider hereby grants the Developer an exclusive free of charge and indefinite license to use the Work.
6.2. Furthermore, the Provider hereby grants the Developer consent to any use of the Work, including the right to exercise the author’s property rights to the Work together with some of the author’s personal rights to the Work in accordance with the Contract, as well as to grant consent (license or sublicense) to their exclusive use by a third party.
6.3. After the granting of a licence in accordance with paragraph 6.2. of the Terms, the Provider is not entitled to use the Work nor to grant consent to its use to a third party. However, the Provider reserves the right to use the Work as well as the content provided by the Developer in connection with the Work for educational, testing, and analytical purposes in relation to persons who are in a contractual or other similar relationship with the Provider, or to persons with whom the Provider wishes to enter into a contractual or other similar relationship, in order to enhance and improve the quality of its services.
6.4. The Provider hereby grants the Developer consent to:
6.4.1. modification of the Work, alteration of the Work, joining of the Work with another work, and inclusion of the Work into a collection,
6.4.2. the designation of the Work with a mark, business name, or name of the user of the property rights of the author to the Work, and
6.4.3. completion of the finished Work, modification of the Work, or other intervention in the Work.
6.5. The Developer shall acquire the rights within the meaning of this Article 6. of the Terms upon receipt of the Service pursuant to paragraph 4.13. of the Terms.
6.6. The Developer undertakes to use the Work only in connection with his Online Product for which the Provider has provided the Service.
7. Duration of the Contract and termination of the Contract
7.1. The Contract shall be concluded for an indefinite period.
7.2. The Contract may be terminated only for the following reasons:
7.2.1. by mutual written agreement of the Parties,
7.2.2. by delivery of the termination of the Contract to the other Party without giving any reason, effective upon delivery to the other Party,
7.2.3. by termination of cooperation by the Provider pursuant to paragraph 4.4. of the Terms.
7.3. The termination of the Contract shall not extinguish the obligations and claims of the Parties, which, according to the Contract and the relevant legislation, are to last beyond the termination of the Contract. For the avoidance of doubt, such are, in particular, but not limited to, rights attached to the granted license to the Work, the confidentiality obligation, claims for damages, and other obligations and claims which, by their nature, do not cease to exist by the termination of the Contract.
8. Liability for damages
8.1.In connection with each Task, the Provider shall be liable only for actual damages, and only up to the amount of the Contribution in connection with the performance of the Task in question, caused by a breach of its contractual or statutory obligation, if the breach did not occur due to circumstances excluding liability in accordance with Section 374 paragraph 1 of the Commercial Code. For the avoidance of doubt, the Provider is under no circumstances liable to the other Party for lost profits.
9. Other arrangements of the Parties
9.1. The Provider does not provide a guarantee with respect to the quality and functionality of the Work unless the Parties agree otherwise.
9.2. The Provider is not entitled to check the suitability of the documents provided by the Developer for the purposes of performing the Task/delivery of the Service. It is therefore not responsible in any way in this respect for any infringements of intellectual property rights. The Developer hereby declares and confirms that he is solely responsible in the event of any infringement of intellectual property rights in connection with the documents he has provided to the Provider.
9.3. The Developer hereby acknowledges that the use of the Provider’s CSS Code does not guarantee its functionality or the desired results if, after entering the Task by the Developer, there is any change to the Developer’s HTML code or CSS Code (which does not occur in connection with the performance of the Task).
9.4. The Developer hereby acknowledges that the Provider does not guarantee that application of the part of CSS Code provided by the Provider will bring the desired results. The Developer is entitled to change and modify the results of the Services, including the supplied part of the CSS Code, and to implement them within his Online Products or otherwise use them at his sole discretion. However, the Provider shall be in no way liable for any damages or other harm in connection with the application or any other use of the part of the CSS Code or any other result occurring due to the provision of the Services.
9.5. The Provider hereby declares that it will not make any claims of monetary or non-monetary nature incurred by the Developer in connection with the provided Services.
9.7. The Developer is entitled to use the Code Snippet only within the fulfillment of rights and obligations under the Terms and for the purposes for which it was created and is not entitled to change it or share it with a third party.
9.8. The Developer acknowledges and agrees that the Online Tool may be changed at any time after the conclusion of the Contract, since the Provider constantly develops and modifies the Online Tool.
10.1. The Developer’s consent to the processing of personal data under the Contract is not required as it is the processing of personal data which is necessary for the performance of the Contract pursuant to Article 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as GDPR).
10.2. The Provider is authorised to process personal data of the Developer’s representatives within the scope of the Contract for the purposes of processing accounting documents and bookkeeping and its other operational purposes.
11. Final provisions
11.1. If the relationship established by the Contract contains an international (foreign) element, the Parties agree that their relationship is governed by Slovak law.
11.2. The interpretation of the Terms shall be governed by the following rules:
(a) References to articles and paragraphs shall be construed as references to the relevant articles and paragraphs of the Terms.
(b) References to days are references to calendar days unless otherwise stated in the Terms.
(c) In particular or including in the Terms means “in particular, but not limited to” and cannot be interpreted as limiting the possibilities solely to the items mentioned in the enumeration.
(d) The terms defined in the Terms in plural have the same meaning in the singular and vice versa.
(e) Headings are used in the Terms only for clarity and better orientation and do not affect the interpretation of the Terms.
11.3. If a provision of the Contract (including the Terms) is invalid or ineffective, or becomes so, provisions will come in place of the invalid provisions whose meaning is as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions of the Contract.
11.4. The Parties agree that the written form of delivery of documents under the Terms is complied with even if the document is sent by the Party by email. At the same time, the Parties agree that their communication or any other cooperation may also take place through means of communication other than the Online Tool (e.g., by email).
11.5. In accordance with the provision of Section 262(1) of the Commercial Code, the Parties agreed that their contractual relationship is governed by the Commercial Code, unless the mandatory provisions of the Civil Code or the Copyright Act apply to the relationship. The Parties undertake to resolve any disputes by mutual agreement. If this is not possible, the courts of the Slovak Republic will have jurisdiction to resolve disputes.
11.6. The Terms are drawn up in English. If the Terms are drawn up in any other language, the English language version shall prevail in the event of a discrepancy between the different versions.
11.7. These Terms are effective from 20.4.2022.