BUSINESS TERMS OF THE COMPANY Premiot Group, a.s.
By using this site, you agree to PREMIOT's terms and conditions below. If you do not agree with the following conditions, then you are not allowed to use the information found on our website.
1. Basic provisions
1.1 These terms and conditions establish the rights and
obligations between the PREMIOT Company and the Client using the PREMIOT
Company's services (real estate and investment services, provision of
investment advice and consultations, realization of real estate investments,
client asset management, services related to trade and receivables management
and other services provided) and establish binding rules and conditions for the
provision of the Service.
1.2 These terms and conditions are an integral part of the
Agreement concluded between the Client and the PREMIOT Company.
2. Definition
2.1 Agreement – means the Customer Service
Agreement concluded between the client and the PREMIOT Company. The contract is
validly concluded in writing or electronically.
2.2 Client – a natural entrepreneur or legal entity
that concludes a Contract with the PREMIOT Company
2.3 The company PREMIOT – is the trading company Premiot
Group, a.s., ID number: 04405030, registered office: Jindřišská 901/5, Prague
1, 110 00, registered in the OR led by the Ministry of Justice in Prague,
section B, insert 20916, telephone: + 420 220 770 088, email: info@premiot.com
2.4 Services means the provision of management and
administrative services by PREMIOT requested and paid for by the client;
2.5 The lead consultant is the person who is authorized by the
client to issue instructions to PREMIOT and the appointed persons (defined in
the Agreement) regarding the services provided in accordance with the
contractual agreement and these terms and conditions
2.6 Portal – website www.premiot.com through which the Agreement
can be concluded
2.7 AML – Regulation of the EP and the Council (EU No.
2015/847, on information accompanying transfers of funds, Directive of the EP
and the Council (EU No. 2015/849, on preventing the use of the financial system
for money laundering or terrorist financing and Act No. 253/2008 Coll., on
certain measures against the legalization of the proceeds of crime and the
financing of terrorism
2.8 GDPR – Regulation (EU) 2016/679 of the European
Parliament and of the Council of 27 April 2016 on the protection of natural
persons in connection with the processing of personal data and on the free
movement of such data and on the repeal of Directive 95/46/EC.
2.9 OZ – Act No. 89/2012 Coll., Civil Code, as amended
2.10 Contractual parties – the Client and the PREMIOT
Company are together
3. Subject of the provided service
3.1 The company PREMIOT ensures the provision of investment
advice and consultations, the realization of real estate investments, the
management of client assets, the provision of consumer credit, trade and
receivables management and other services for the client.
3.2 The company PREMIOT also provides management and
administrative services for the client regarding the assets or real estate of
the client, which the company PREMIOT has agreed to, provided that the client
concludes the Agreement and fulfills its obligations under the Agreement and
these terms and conditions.
3.3 The scope of PREMIOT's Services is specified in the
Agreement and represents:
3.4.1 real estate activity, purchase and sale of real estate,
3.4.2 investment activity,
3.4.3 rental of real estate,
3.4.4 reconstruction and development of real estate,
3.4.5 purchase of assets (auction, foreclosure, insolvency, cash purchase,
etc.)
3.4.6 trade and management of receivables secured by real estate
3.4.7 other services that may be requested and agreed from time to time.
4. Conclusion of the Contract
4.1 The service is provided to the Client based on the
concluded Agreement. These terms and conditions are also an integral part of the
Agreement.
4.2 The contract is concluded on the date of signature by both
contracting parties. In the case of concluding a contract via the Web interface,
the moment of concluding the Contract is the day of entering the specified data
relating to the provision of investment advice and consultations, realization of
investments in real estate, real estate services, development services, client
asset management, trade and receivables management and other services through
the entry form within Portal and paying the price of the Service in the agreed
amount. In the case of a non-cash transfer, at the time of crediting the amount
corresponding to the price associated with the provision of the Service to the
account of the PREMIOT Company.
5. Period of service provided
5.1 The Agreement is concluded for an indefinite period of
time with effect from the date of signature of the Agreement by both Contracting
Parties.
5.2 The Agreement can only be terminated by mutual agreement
of the parties, termination or withdrawal from the Agreement
5.3 Termination of the Agreement is possible without stating
the reason of any of the contractual parties, delivered to the other contractual
party always two months before the end of the annual period for which the price
for the provided services is paid, with the provision that the Agreement is
terminated as of the last day of the given period.
5.4 Withdrawal from the Contract by PREMIOT is in the event
that the client does not comply with any of the promises, obligations and
agreements based on the Contract and according to these terms and conditions,
which are to be complied with.
5.5 Withdrawal from the Agreement by the Client is possible
only in case of gross breach of PREMIOT's obligations under the Agreement and
these terms and conditions.
5.6 If the contract is terminated by the client, PREMIOT is
entitled to reimbursement of all costs related to the provided Service.
5.7 It is considered a gross breach of the client's duty when
(i) the Client provides false, incomplete information, himself or the persons
involved and does not make corrections immediately after a request from
PREMIOT.
5.8 In the event of a complaint and termination of the
contractual arrangement, the client agrees to account for all actions performed
so far, costs incurred and services already provided. The company PREMIOT is
entitled to offset the funds from the paid advance to the account of the company
PREMIOT for the payment of these costs, to which the client gives consent by
signing the contract. PREMIOT will transfer the resulting difference to the
client's account without undue delay.
6. Price
6.1 The contracting parties mutually agreed on the price
for the services provided based on the specification stated in the budget, which
is an annex to the Contract.
6.2 The client undertakes to pay PREMIOT the price according
to the relevant budget. He declares that he has prepared funds to pay the
contractually agreed price.
6.3 The client undertakes to pay a price advance to PREMIOT
before starting work on the given order. The company PREMIOT is not obliged to
start operations before the proper payment of this deposit. In the case of
non-cash payment, the payment deadline is calculated from the date of receipt of
the payment to the account of PREMIOT. 6.4 All payments for
services will be made on the basis of PREMIOT's payment documents.
7. Payment of Fees
Regardless, if possible, PREMIOT will debit all fees payable to it to the
client's bank account, the client always guarantees proper payment and
reimbursement to PREMIOT and the persons appointed by the organizational unit
with respect to all fees, monetary expenses and costs in connection with these
services and in general therefore after the proper repayment of all debts by the
client:
7.1 PREMIOT will deliver the requested service to the
client.
7.2 Fees are agreed in the Contract and PREMIOT reserves the
right to change them.
7.3 No refunds are given once the order has been processed.
7.4 If the relevant fees for continued services remain unpaid
after a certain agreed period of service performance for more than 30 days
after the presentation of the invoice to PREMIOT and PREMIOT has not received
any notification from the client that the provision of services is to be
terminated, PREMIOT is entitled under at its sole discretion to terminate the
services immediately and/or treat the amount owed as a loan from the due date
and thus charge interest at the rate of 15% for each calendar month until
payment is received and/or collect this amount directly from any of the
client's assets.
7.5 PREMIOT's fees are stated in CZK or EUR, and are
payable in cash or by bank transfer. The use of any single currency and the
clearing of a check or other monetary instrument through any central bank shall
not be deemed to subject PREMIOT or the owner or nominees to the jurisdiction of
the courts of the state of such central bank for any purpose whatsoever.
7.6 If any fees or monetary expenses payable to PREMIOT or the
nominated persons are not duly and timely paid, PREMIOT and the nominated
persons shall not be obliged to provide services to the client.
8. Advice, consultation, development, services related to real estate and investment activities, management and trade of receivables, and provision of other services
8.1 The client orders services via the web interface, i.e.
by filling out the reservation and order form on the website. Services can also
be ordered by regular email or by phone or in person.
8.2 Under the conditions specified in the contact,
reservation, establishment form, the PREMIOT company will carry out actions
aimed at arranging a consultation, trade with receivables, purchase or sale of
real estate, procurement of other services for the client as specified.
8.3 The company PREMIOT will perform all services with
professional care and enforcement of the rights and legitimate interests of the
client, in accordance with the data and other possible instructions given by the
client until the creation or fulfillment of the subject of the contract. The
provider is not bound by the client's instructions if they conflict with
generally binding legal regulations.
8.4 The client is responsible for the correctness and
completeness of the data submitted for consultation, for the execution of
actions, entered through forms, submitted electronically or in person, including
all other information and documentation provided to PREMIOT in the course of
implementation.
8.5 PREMIOT is not responsible for damage caused to the client
or third parties as a result of incorrect, illegal or illegal use of the
portal.
8.6 The client acknowledges that some actions cannot be
performed only on the basis of a request sent via the portal, therefore the
client may be contacted and additionally asked to provide the documents or
documents necessary to perform the actions.
8.7 The client acknowledges and agrees to provide maximum
cooperation in submitting the necessary documents on time. In case of late
delivery, the service delivery date is extended by this period.
9. Limitation and Exclusion of Liability
9.1 Every user entering the website – portal www.premiot.com managed by PREMIOT uses it at
his own risk. The company PREMIOT is not responsible for the correctness,
completeness and up-to-dateness of the content of the portal www.premiot.com Information from these
presentations is provided WITHOUT WARRANTY.
9.2 In no event shall PREMIOT, its partners or other third
parties mentioned on this site be liable for any damages of any kind (including
but not limited to those damages resulting from lost profits, loss of data or
business interruption). caused by the use, inability to use, or based on the
results of the use of the PREMIOT portal, any server to which this site links,
or the materials and information contained on any or all of the web sites,
whether under warranty, contract, tort or any legal theories and without
regardless of whether or not PREMIOT was informed of the possibility of such
damages. The company PREMIOT is not responsible for any damages, whether direct
or indirect, special or arising in connection with the use of the portal www.premiot.com, nor for damages arising due
to the partial or complete non-functionality of the portals managed by the
company PREMIOT. The company PREMIOT is not responsible or liable for the truth,
content or form of advertising published on the PREMIOT portal.
9.3 The materials and services provided on this portal are
provided „as is“, i.e. without warranties of any kind, including warranties
of merchantability, fitness for a particular purpose or non-infringement of
intellectual property. PREMIOT's obligations regarding the services provided
are determined exclusively by the contracts on the basis of which they are
provided. Furthermore, PREMIOT does not guarantee the correctness and
completeness of the materials and services on the PREMIOT portal. PREMIOT may at
any time and without prior notice make changes to the materials on these pages
or changes to the services and prices described in these materials. The
materials and services on the PREMIOT portal may not be up-to-date and PREMIOT
makes no commitment to update the materials and services on these pages.
10. Rights and obligations of the client
10.1 The client is bound by the fulfillment of the
obligations arising from the Agreement and these terms and conditions.
10.2 The client is obliged to maintain funds in the
organizational unit sufficient to pay his obligations when they fall due. In the
event that this is not possible, PREMIOT or appointed persons can provide funds
to the organizational unit or secure funds for the organizational unit.
10.3. Upon request by PREMIOT or appointed persons, the client
is obliged to notify or ensure notification to PREMIOT or appointed
representatives of any information regarding the client that may be necessary
for the performance of obligations by PREMIOT or appointed persons in connection
with the provided service.
10.4 Inform PREMIOT about any significant changes regarding
the service provided.
10.5 At the request of PREMIOT or its nominees, the client
shall notify or arrange for notification to PREMIOT or its nominees of all
information regarding the client's assets, transactions or business activities
that PREMIOT or its nominees may require to fulfill its obligations regarding
with the services provided.
10.6 The rights and obligations relating to the Client
according to these terms and conditions also apply appropriately to other
persons involved in the establishment of the service, in particular
entrepreneurs, partners or members of bodies or other persons entered in the
procurement documentation. By confirming the order and delivering the tender
specification, the client confirms that he has informed the affected persons of
these terms and conditions and that these persons agree to the terms and
conditions.
11. Named Persons and Indemnification
The Client hereby negotiates with PREMIOT and as a separate agreement with
each person or company named by PREMIOT who may from time to time be or act as a
director, deputy director, secretary, assistant secretary, manager, accountant,
accounting consultant, VAT intermediary, council, protector or other official or
registered shareholder of organizational units (hereinafter referred to as named
persons, this term includes all such persons) that:
11.1 The Client shall at all times indemnify and hold harmless
PREMIOT and the named persons and their employees and any company directly or
indirectly controlled by them and all of their directors or employees and
organizational units with respect to all activities, litigation, legal
proceedings, claims, claims, costs and financial obligations that may arise or
arise or may be led, initiated, realized or demanded by or against PREMIOT or
named persons in connection with the use of the services provided or this
agreement;
11.2 PREMIOT or its nominees shall have no liability for any
failure by them to comply, in whole or in part, with respect to any instructions
or requirements and shall not be liable for their non-acceptance or for any
errors or ambiguities thereof.
12. Rights and obligations of PREMIOT
12.1 PREMIOT and its nominees are entitled to take any
action they deem appropriate to protect the client's interests and/or assets
and to follow professional advice in the interests and at the client's expense,
if PREMIOT or its nominees persons may deem necessary.
12.2 PREMIOT and its nominees shall have no liability for loss
or damage arising from the use of facsimile instructions, including failed or
incomplete submissions, mutilation or loss of privacy.
12.3 If PREMIOT or its nominees request instructions and do
not receive them within 30 days, or if the urgency of the matter requires a
shorter period than may be specified in the request, PREMIOT or its nominees may
immediately proceed with one or more of the following ways;
12.3.1 take no further action in the particular matter;
12.3.2 take no further action in respect of the Client;
12.3.3 take any other action that it thinks fit or that may be recommended by
its legal advisors and neither PREMIOT nor the nominated persons shall have ANY
LIABILITY in relation to any act or failure to act in accordance with the above
provisions or as a result of these actions or failure to perform these
actions.
12.4 PREMIOT or its nominees shall not be liable for any
penalties, fines, fees or other liabilities incurred by the Owner and/or Entity
in connection with the Entity and/or Services and accepts full responsibility
for payment thereof and shall release PREMIOT and named persons of any liability
in this regard.
12.5 PREMIOT shall not pay any interest on any monies held by
PREMIOT for the benefit of the Client.
13. Commercial communications
13.1 The client agrees to send the provider's commercial
communications by means of electronic communication to a contact email that he
approves and approves.
13.2 The client or another person affected by the protection
of personal data according to these terms and conditions is entitled to withdraw
their consent to the processing of personal data or the sending of business
communications by an explicit, understandable and certain expression of will by
any technical means enabling the recording of such an expression (e.g. written
communication, electronically) to any contact connection of the provider. The
contact details of the provider and Portal partners are listed in particular on
the Portal in contacts.
14. Client Declaration
14.1 The Client hereby irrevocably declares and confirms
that:
14.1.1 he is not prohibited by the laws of any country from becoming a party
because he is under the age of majority or legally incapable (for any reason) or
is otherwise incompetent to do so; neither
14.1.2 its assets are sufficient to meet current or anticipated requirements;
neither
14.1.3 is not a resident of a country subject to an international restriction
or embargo including, but without prejudice to the general nature of the
foregoing, restrictions or embargoes imposed by the United Nations Security
Council, the European Union and the United Kingdom.
14.2 The Client hereby irrevocably declares and confirms that
it does not deal with:
14.2.1 Trading or other illegal activity related to money laundering, receiving
the proceeds of drug trafficking or terrorist activities, receiving the proceeds
of crime or trading with such countries which may from time to time be subject
to any embargo imposed by the Security Council the United Nations, the European
Union and the United Kingdom.
14.2.2 Activities not approved by PREMIOT, which include, among others, the
disposal of toxic waste or the discharge of such materials, the activities of
adoption agencies including surrogate motherhood, the provision of online
betting or gambling services, the issuance or provision of credit cards or
similar services, the provision of consumer loans, the establishment of high
schools or higher vocational schools to provide academic degrees or
qualifications, or any other business related to the sale of time share
contracts.
14.2.3 Financial business including: collecting funds from the public, offering
investment advice to the public; investment management other than investments
where the managed assets include the property of an organizational unit, or the
operation and management of a collective investment system.
14.2.4 any other activity which is illegal and which may damage the good name
of PREMIOT.
14.3 The Client confirms, warrants and undertakes that it does
not act as an agent for any other person or organizational unit.
14.4 The Client hereby warrants that PREMIOT has not provided
legal or tax advice to the Client, and further that the Client has sought
independent, external advice regarding the understanding, interpretation,
acceptance and conclusion of this Agreement.
15. Confidentiality Obligation
15.1 PREMIOT will not disclose any information regarding
the client and his identity to any third party without the prior written consent
of the client.
15.2 PREMIOT reserves the right to deem this confidentiality
obligation unenforceable;
15.2.1 if PREMIOT is advised by its legal advisors that it is required by law
to disclose this information,
15.2.2 when PREMIOT is of the opinion that it is in the best interests of the
client to provide the information.
16. Protection of personal data
16.1 Administrator of personal data
Company: Premiot Group, a.s.
IČO: 044 05 030
Address: 110 00 Prague 1, Nové Město, Jindřišská 901/5
Email: info@premiot.com
Tel: +420 220 770 088
The administrator of the personal data that will be provided to it on the basis
of the contract with the client undertakes to process this personal data in
accordance with legal regulations, in particular with Regulation (EU) 2016/679
of the European Parliament and of the Council of April 27, 2016 on on the
protection of natural persons in connection with the processing of personal data
and on the free movement of such data and on the repeal of Directive
95/46/EC.
16.2 Information related to the processing of personal data of
the client is: first and last name or name of the person, academic degree, place
of residence or registered office, social security number, date of birth or
identification number, telephone number, electronic addresses, subject of
business and data entered within registration and subsequent documents requested
by institutions, courts, justices and banks for the establishment of the
required service.
Get to know in detail also the protection of personal data, which is an integral
part of these terms and conditions.
17. Law
17.1 The validity, interpretation and performance of the
Agreement shall be governed and construed in accordance with English law. The
English courts shall have non-exclusive jurisdiction in relation to any dispute,
infringement or any similar litigation that has arisen or may arise in
connection with this Agreement („Court Proceedings“). Each party irrevocably
submits to the jurisdiction of the courts of the United Kingdom and waives any
objection to proceedings in those courts on the grounds of lack of jurisdiction
or forum non conveniens.
17.2. In the event that any term, rule, or provision of this
Agreement is found to violate any applicable law, provision, or regulation, that
provision shall be amended, rewritten, or interpreted to approximate its
substance and scope as closely as possible; and was enforceable in this way. If
such provision cannot be so modified, rewritten or construed to be enforceable,
such provision will not be effective and the remainder of the Agreement will be
enforceable as if such provision had not been included. Notwithstanding the
foregoing, in the event of any termination resulting from such circumstances as
described above, the parties shall in good faith negotiate the terms of a
mutually acceptable and satisfactory provision in lieu of such terminated
provision.
17.3. All disputes and differences that may arise from this
contract or in connection with it will be settled, if possible, by negotiations
between the parties.
18 Delivery
18.1 All written or electronic communication with the
Client will be carried out on the contact links provided by the client.
18.2 Any notification made by PREMIOT which is:
18.2.1 delivered in person shall be deemed to have been made at the time of
such delivery;
18.2.2 sent by a postal service provider in London shall be deemed to have been
made 3 days after posting;
18.2.3 sent by airmail shall be deemed to have been made 12 days after
dispatch;
18.2.4 sent via a postal service provider outside London shall be deemed to
have been made 15 days after dispatch;
18.2.5 sent by email shall be deemed to have been made at the time of
sending.
19 Final Provisions
19.1 PREMIOT is entitled to unilaterally change the terms
and conditions.
19.2 These terms and conditions take effect on 05/2018
Do you have questions? We are available for you, contact us on the phone number + 420 220 770 088.