General business conditions
When placing an order/booking, the following information becomes part of the contract for all clients!
Object of the contract
Family company JanEli Ltd. (s.r.o.) ID number: 19536054 with registered office Mostek 33, 54475 (hereinafter referred to as the company/contractor) provides its services exclusively on the basis of the following General Terms and Conditions (hereinafter referred to as GTC). These also apply to all future business relationships, even if not expressly referenced/contracted.
Deviations from these and other additional contracts with the customer are effective only if they are retroactively confirmed in text form by JanEli s.r.o.
The customer's terms and conditions are not accepted, unless otherwise expressly agreed in text form in individual cases. A special objection to the customer's contractual terms by JanEli s.r.o. is not necessary and mandatory.
JanEli s.r.o. operates as an independent company. It strives to ensure the personnel and material requirements necessary to fulfill the order in accordance with the client's tasks and deadlines, to maintain complete objectivity in consulting and to protect the interests and property of the client.
An individual order is entered after prior agreement, so that the customer sends the corresponding order or reservation to the contractor via the company's website. Specific details of the service are given in the individual order/reservation. Unless otherwise stated in the individual order in text form, the content of the individual order is determined by a verbal agreement between the contracting parties. For those points that are listed in the individual order in text form, these specifications take precedence over any deviating verbal agreement.
A separate declaration of acceptance for an individual order in text form by the contractor is not necessary. However, the contractor can reject an individual order at any time within the framework of the previous agreement
The customer's payment obligation arises only after the provision of the relevant service.
Description of services, scope of services, entering orders
The contracting parties undertake to cooperate in accordance with a specific, individual contractual arrangement. The employment contract is not desired by the parties and is not justified.
The company JanEli s.r.o. takes care of social security contributions or tax matters for its employees and relieves the client of all obligations.
The contractual relationship to the services is established by the client placing a customer order or reservation and its acceptance by JanEli s.r.o.
The subject of the contract or the exact description of the order is described in text form in the order.
The company JanEli s.r.o. will inform the customer about the result of its activity. In the contract, the contracting parties can agree on the schedule for the provision of services and the planned date of completion of the provision of services.
If the company JanEli s.r.o. is not really able to fulfill the contractually owed order, it must inform the client immediately.
JanEli s.r.o. provides the equipment, technology, ecological work and cleaning products and personnel needed to provide the service. If the client has other requirements, then they are specified in the individual contract. The parties endeavor to support the contractual partner in fulfilling the relevant obligation to the best of their knowledge and conscience by providing information, advice or experience in order to ensure a smooth and efficient work process for both parties.
Each of the contractual partners can request changes to the agreed scope of services from the other contractual partner in text form. After receiving the request for change, the recipient checks whether and under what conditions the change can be made, and immediately informs the applicant of the approval or rejection in text form and, where appropriate, gives reasons. If the client's request for change requires an extensive review, JanEli s.r.o. can calculate the cost of the inspection with prior notice, provided that the client still chooses to inspect.
Obligations / rights
The client undertakes to inform JanEli s.r.o. in a timely manner. about the type, scope and timing of the required services and to provide him with all the information and documents necessary for the proper execution of the contract.
JanEli s.r.o. is obliged to provide the service/s in accordance with the agreed specifications, on time and professionally.
The client provides JanEli s.r.o. resources needed for services such as water, waste, electricity, municipal waste/trash and or other organic waste. In the event that the client does not have or does not provide the waste to be stored at his place, the price for its removal and disposal will be calculated. Hazardous waste - we do not dispose of it and we can arrange it. All ecological cleaning products, the use of technology and equipment in the performed service are included in the price of the service - free of charge.
The client provides the employees of JanEli s.r.o. free access to areas intended for cleaning/service. It will take the necessary organizational and, if necessary, structural measures so that JanEli s.r.o. could fulfill its contractual obligations. This includes ensuring the access of employees of JanEli s.r.o. to the object of unlocking or locking the object after the end of the relevant activity. If the conditions are not individually contractually resolved otherwise.
Before starting the contractor's work, the customer is obliged to instruct the employees of JanEli s.r.o. about all existing technical equipment that is relevant to the implementation of the contract, and explicitly describe potential sources of danger that could endanger the health of employees or destroy technical equipment.
JanEli s.r.o. is obliged to carry out each order personally. At the same time, it guarantees the proper and timely performance of tasks and the professional qualification of its representatives.
JanEli s.r.o. provides its services in its own name and on its own account as a separate entity.
Dates / order / reservation
Binding orders must be recorded in text form and confirmed in text form by JanEli s.r.o.
If the delivery/service by JanEli s.r.o. is delayed due to reasons for which it is not responsible, such as force majeure events and other unforeseeable events that cannot be averted by reasonable means, performance obligations are suspended for the duration and, to the extent of the obstacle and deadlines, are reasonably extended. If such a delay lasts longer than one month, the customer and the company JanEli s.r.o. entitled to withdraw from the contract.
If the company JanEli s.r.o. in default, the customer may withdraw from the contract only after giving JanEli s.r.o. text period of at least 14 days and this has expired without result. Claims for damages by the customer due to non-performance or delay are excluded, with the exception of proof of intent or gross negligence.
If the client terminates the contractually agreed orders of one-off services after the conclusion of the contract, but before the start of the service, hereinafter referred to as cancellation, JanEli s.r.o. reserves the right to cancel. the right to demand cancellation costs as compensation for performance - damage. In the event of a claim by JanEli s.r.o. the amount of cancellation fees will be calculated depending on the short time before the scheduled start of the service, as indicated in the price list.
Early termination of the contract
JanEli s.r.o. is entitled to terminate the contract for serious reasons with immediate effect. An important reason is especially if:
performance of the service becomes impossible for reasons for which the customer (orderer) is responsible, or is further delayed despite the setting of an additional period of 14 days.
the customer continues to breach the basic obligations arising from this contract, such as the payment of an amount that has become due or the obligations to cooperate, despite written notice with a delay of 14 days.
there are legitimate concerns about the customer's creditworthiness and the customer does not pay any advance payments at the request of JanEli s.r.o. or does not provide appropriate security regarding OSH, PO before performing the services.
insolvency proceedings are initiated on the customer's property or a request to initiate such proceedings is rejected due to a lack of assets to cover costs or if the customer stops paying.
The customer is entitled to terminate the contract for important reasons without specifying a grace period. An important reason exists especially if the company JanEli s.r.o. despite a written notice with a 14-day period to remedy the breach of contract, continues to violate the basic provisions of this contract.
Billing / prices / payments / fees
Customer shall pay to JanEli Ltd. after the provision of the relevant service defined in the individual order and proper invoicing with the identification number/TIN, plus VAT at the legal rate.
All services of JanEli s.r.o. are settled by payment (and duly issued invoice or tax document/receipt). from this contract in connection with it. This also applies to all claims by persons employed by JanEli Ltd. for the fulfillment of contractual obligations. Unless otherwise agreed, JanEli Ltd. entitled to make a claim for each individual service immediately after its provision. JanEli s.r.o. is entitled to request advances to cover its costs.
If the payment to JanEli s.r.o. is not modified additionally and in text form, the service will be provided by JanEli s.r.o. calculated on the basis of the valid price list listed on the company's website www.janeli.cz plus VAT (depending on the country where the service is provided) and additional costs incurred (e.g. transport, waste disposal, etc.) charged retroactively from the moment of assignment/execution.
JanEli s.r.o. is in any case entitled to demand advance payments as well as reasonable advance payments, the amount of which depends on the relationship between the service provided and the total range of contractual prices. JanEli s.r.o. is entitled to terminate its contractually owed service and to continue it only after receiving the invoiced amount, until the customer pays the relevant advance invoice or partial invoice issued for the services performed.
All services provided to JanEli s.r.o., which are not expressly included in the agreed payment, will be invoiced separately. All other unexpected expenses that are not included in the price list of JanEli s.r.o. paid by the customer/customer.
Services provided by JanEli s.r.o. at the customer's request, on Saturdays, Sundays or public holidays or at night, additional fees specified in the company's price list will be charged. Agreed special services or additional services will be invoiced to the customer separately, again according to the company's price list.
JanEli s.r.o. is entitled to adjust prices at its discretion. This applies in particular to increases in employee wages, increases in material costs and amortization of technical equipment. The price adjustment must be reasonable for the customer and must be communicated at least 2 weeks before it becomes effective. The right to adjust prices does not apply to individual orders within the first 3 months from the conclusion of the contract.
Duty of confidentiality
JanElJanEli s.r.o. undertakes to maintain the confidential information of which it has learned or which it has learned in the course of or on the occasion of its work for the client, and in particular all operational and business secrets of the client (especially contractual relationships, deals, transactions or special matters of the client) to maintain absolute confidentiality!
The obligation of confidentiality applies to all employees, representatives and other representatives of JanEli s.r.o. regardless of the type and legal structure of cooperation.
Protection of personal data
JanEli s.r.o. collects personal data from the customer for the purpose of fulfilling the contract, to fulfill our contractual and pre-contractual obligations.
The collection and processing of personal data is necessary for the performance of the contract and is based on Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and on the repeal of Directive 95 /46/EC (General Regulation on the Protection of Personal Data).
There is no transfer of data to third parties. The data will be deleted as soon as it is no longer needed for the purpose of its processing and if there is no legal obligation to keep it. Free information on all personal data of the client is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use.
Our statement on data protection: https://www.janeli.cz/en-gb/gpdr/
Payment / terms
Payment for the provided service is due immediately upon receipt of the invoice/receipt and without deduction, unless special payment conditions have been agreed in writing in individual cases. This also applies to the payment of all other expenses. If the customer is in arrears with payment, the legal interest for late payment will be applied in the amount applicable for business transactions (8% above the base interest rate p.a.).
In addition, in the event of late payment, the customer undertakes to reimburse JanEli s.r.o. resulting dunning and collection fees if necessary for applicable legal prosecution. In any case, this includes the cost of two reminder letters at the usual market rate, as well as a reminder letter from the collection attorney. The exercise of other rights and claims remains unaffected.
If the customer defaults on payment, JanEli s.r.o. can immediately invoice and issue documents for all other contracts concluded with the customer, services and sub-services. In addition, JanEli s.r.o. is not obliged to provide further services until the amount owed is paid.
If payment in installments has been agreed upon, the company JanEli s.r.o. reserves the right to the right to demand immediate payment of the entire unpaid debt (loss of term) in case of delay in payment of partial amounts or secondary claims. The customer is not entitled to his own claims against the claims of JanEli s.r.o., if the customer's claim was not made by JanEli s.r.o. recognized in textual form or not determined by the court.
Electronic transfer of invoices
The customer agrees to receive invoices electronically. Electronic invoices are sent by e-mail or to a data box in PDF format.
Warranty / material defects (general)
The customer's claims for material defects expire one year after taking over the subject of repair. If the customer is a merchant who placed the repair order in this capacity, claims for material defects become time-barred one year after delivery.
The customer's claims from taking over the quality guarantee or fraudulent concealment of defects remain unaffected, the statutory limitation periods apply here.
Exclusion of warranty
material defects: for carpets, rugs, upholstered furniture, etc., cleaning cars, boats, swimming pools, plexiglass, solar and photovoltaic systems, window washing, blinds...
JanEli s.r.o. does not guarantee:
for cleaning carpets, hard and loose carpets, as well as upholstered furniture and the like. The client is aware of the risks associated with cleaning carpets and the like. (e.g. color change, deformation, separation from the substrate, etc.).
for cleaning plexiglass or when cleaning toughened safety glass (ESG) or solar and photovoltaic systems. The client is aware that slight scratching cannot be avoided during cleaning due to the soft nature of the material. This applies regardless of the cleaning method used. A slight surface scratch is not a defect.
for cleaning/polishing cars, boats, swimming pools, etc. The client is aware that slight scratching cannot be fully prevented during cleaning due to the soft nature of the material. This applies regardless of the cleaning method used. A slight surface scratch is not a defect.
for cleaning interior blinds. The client is aware that interior blinds are very susceptible to age-related brittleness. Therefore, the fabric and the guide wire may be damaged when cleaning the window. Damage to the blinds and their suspension are therefore excluded from the warranty.
The client acknowledges that when cleaning solar and photovoltaic systems, JanEli s.r.o. cannot guarantee the subsequent technical functionality of the system. Furthermore, cleaning such systems cannot be guaranteed to maintain or even increase their performance and/or efficiency.
The above disclaimers and guarantees do not apply in case of intent and/or gross negligence on the part of JanEli s.r.o.
If any damage to the client's property occurs on our part, our company is fully insured against this and we will report any insurance event that occurs so that the client is compensated/satisfied. However, we do not guarantee that the insurance company will accept our claims. The client is therefore responsible for proving fault, submitting documents, evidence, describing and quantifying the damage to our insurance company. If the insurance company does not accept the claims, the client cannot claim any compensation for damage from our company!
Responsibility
JanEli s.r.o. is responsible in cases of intent or gross negligence in accordance with legal provisions. Liability for warranties is independent of fault. JanEli s.r.o. is only liable for slight negligence in accordance with the provisions of the Product Liability Act, for injury to life, health or health or for breach of essential contractual obligations.
However, the claim for damages for slightly negligent breach of essential contractual obligations is limited to foreseeable damage typical of the contract, if there is no liability for injury to life, health or health. JanEli s.r.o. is liable to the same extent for the culpability of representatives and employees.
Contract termination
The contract can be terminated by either party without giving reasons with a notice period of 1 month before the end of the calendar month.
Until the end of the notice period, mutual services must be provided in accordance with the contract.
To be effective, the notice must be in text form.
Final Provisions
The invalidity of individual formulations of these General Terms and Conditions does not affect the effectiveness of the others. An ineffective clause shall be replaced by a permissible clause that most closely approximates the economic effect of the ineffective clause.
The place of performance and jurisdiction is, if legally permissible, the registered office of JanEli s.r.o. however, he is entitled to assert claims against the client in any other court that has jurisdiction over them.
The legal relations between the parties are governed by Czech law, without the reference norms of private international law and with the exception of the UN Sales Convention.
Dne:
26.07.2023
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