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CONTRACT
ON
PROVIDING OF ELECTRONIC MONITORING SERVICE
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Contract
parties:
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PROVIDER:
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USER:
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Name:
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LEVEL Ltd.
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Name:
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Address
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Plhovská
1997, Náchod
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Address
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Ident. No.:
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47469374
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Ident. No.:
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VAT:
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CZ47469374
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VAT:
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Bank:
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KB
Náchod
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Bank:
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Account No.:
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19708551/0100
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Account No.:
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Telephone:
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491-446611
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Telephone:
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Fax:
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491-446644
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Fax:
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Website:
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www.levelna.cz
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Website:
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E-mail:
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positrex@levelna.cz
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E-mail:
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Represented by:
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Ing.
Michal Falta (Managing Director)
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Represented by:
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ID card No.:
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I. Object of Contract
This contract defines the provider’s obligation to provide the user with
service of electronic monitoring system POSITREX and user’s obligation to pay the defined price
to the provider.
II. Object of Monitoring
Object of monitoring is defined as
vehicle or other moving or static object that is registered in the electronic
monitoring system POSITREX, this object shall be listed in Appendix A of this
contract. Should there be more objects of monitoring, then all objects should
be marked with ascending numbers. Object of monitoring must be defined
by name, license plate, type of communication unit, its serial number and
number of used SIM card.
III. Price and Terms of Payment
Price is subject of agreement and its
amount is defined in Appendix A of this contract. The price is defined without
Value Added Tax (VAT). The rate of VAT will be added to the price according to
the legal requirements.
The invoice is issued for the amount
of used services in the past period which is defined from the first day of
calendar month. In case the service was not used during the whole period, only
aliquot part of the price will be charged.
The provider shall send the Invoice -
tax document to the user immediately after issue of the Invoice via the
selected communication channel described in Appendix A of this contract. The
Invoice can be paid in cash or to the bank account of provider within 14 days from
date of issue. The number of contract shall be used as variable value of the
invoice for identification of payment. In case of delay of payment, the service
will be discontinued.
IV. Deposit
The agreed deposit is charged every
time when a new object of monitoring in the PosiTreX system. The deposit will
be used for payment of services or settlement of unpaid obligations of the
customer. In case the contract is terminated and all obligations are settled,
the remaining balance will be returned to the account of the user. In case of
usage of services over the amount of deposit, the service will be discontinued.
V. Communication and Password
Regardless of the contact information
listed in the heading of this contract, telephone and e-mail contact listed in
Appendix A will be always used.
In all ways of communication, the
user is obliged to confirm his competence to deal with user issues by stating
the password for communication. The password for communication shall be listed
in Appendix A of this contract.
VI. Map data
Map data are supplied by the provider
and they include maps of European countries. The map data are to be
continuously updated by the provider.
VII. Contract Duration
The contract is signed for indefinite
period of time. Both parties can cancel the contract by written notice with two
months notice period starting from the first day of calendar month following
the month during which the termination of contract was delivered to the other
party.
The provider entitled to terminate
the contract at any time in case the user is in delay of payment for ordered
services.
VIII. User Declaration
The user declares that:
a) The user is informed that during
providing of service described by this contract, the provider knows and records
the whereabouts of the object of monitoring. The user agrees with this without exceptions
and he does not consider it violation of his rights.
b) Should the object of monitoring be
used by another person, this person shall be informed about conditions listed
under character a) and agree with them without exceptions and he does not
consider it violation of his rights; to confirm this, the user is obliged to supply
provider of written consent from the person declaring the object is being
monitored. This shall apply in case of change of user of object.
c) The user is responsible for actions
of provider carried out upon the user’s request or as a result of user’s actions
or mistakes.
IX. Commercial Terms
The remaining part of this contract
refers to the “commercial terms” known to the provider and the user in regards
of the electronic monitoring service in the current version and to the price
list for the electronic monitoring services that is an integral part of the
commercial terms. This also states that the user has agreed with the terms and
they are made available to him. Arrangements different from the commercial
terms that are included in this contract or Appendix A have priority over the
commercial terms.
X. Final Provisions
Agreements different from this
contract and the commercial terms shall be stated in Appendix A of this
contract. All changes of this contact must be made in writing in the form of
Appendix A of the contract. With each modification of the contract, new version
of Appendix A shall be written and marked with an ascending version number.
Appendix A with a higher version number overrides and cancels all versions with
lover number..
The user states that he is fully
aware of all his rights and duties arising from this contract including the
means of where and how these rights and duties shall be carried. This contract
shall be made in two copies, each party shall receive one copy.
In Nachod
on: ....................
.………………………………………………….. .…………………………………………………..
The Provider: The
User: