Terms of Service
1. Provider and introductory provisions
These terms of service (the “Terms”) govern the rights and obligations between the provider, David Cina, company identification number 05728177, with registered address at Polívkova 814/6, 779 00 Olomouc, a natural person carrying on business and registered in the Czech Trade Licensing Register (the “Provider”), and the customer of the service (the “Client”).
The Terms are issued pursuant to Section 1751 of Act No. 89/2012 Coll., the Civil Code of the Czech Republic (the “Civil Code”), and form an integral part of the contract.
2. Business customers only
The service is intended exclusively for businesses. By entering into the contract, the Client confirms that it does so within its business activity or the independent exercise of its profession, and that it therefore does not act as a consumer within the meaning of Section 419 of the Civil Code.
Accordingly, the provisions on consumer contracts under Section 1810 et seq. of the Civil Code do not apply, including the right to withdraw from the contract within fourteen days.
The Provider is entitled to refuse to enter into the contract, or to withdraw from it, if it establishes that the Client does not meet the condition under this Article.
3. Subject of the service
In each billing period, the Provider undertakes to:
- propose content for the Client's social media and tell the Client what visual material to capture,
- produce, from the material supplied by the Client, the agreed number of short audiovisual works (the “Videos”) in a format suitable for Instagram, including a caption,
- make the Videos available to the Client for download in the client area.
Publishing the Videos on the Client's own profiles is the Client's responsibility. The Provider does not manage the Client's social media accounts and is not liable for their operation or for reach, views, engagement or any other outcome of publication.
4. Formation of the contract
The contract is concluded upon payment of the first subscription payment through the payment gateway of the payment service provider Stripe. By paying, the Client confirms that it has read and accepts these Terms.
5. Price and payment terms
| Plan | Videos per billing period | Price |
|---|---|---|
| Standard | 4 | CZK 2490 / month |
| Extended | 8 | CZK 3890 / month |
The Provider is not registered for value added tax. The prices stated are final.
The price for the first billing period may be reduced to CZK 490 under a promotional offer; from the second period onwards the plan price applies. A 10% discount applies to quarterly payment.
The subscription is paid in advance, on a recurring basis, for one billing period at a time. A billing period is one month commencing on the date the contract is concluded. Payments are processed by Stripe; the Provider has no access to the Client's payment card details.
If the Client fails to make a recurring payment, the Provider is entitled to suspend the service until payment is made.
6. Quota and carry-over
Unused Videos carry over to the following billing period. The Client's total entitlement is, however, capped at 2 times the quota of its plan; entitlements above that cap lapse without compensation.
Upon termination of the contract, any unused quota lapses without a right to a refund.
7. Client's cooperation
The Client undertakes to cooperate with the Provider, in particular to supply visual material as briefed. Videos cannot be produced without such material and the period under Article 8 does not begin to run.
If the Client fails to supply material, the Provider is not in default. The Client's entitlement to Videos is preserved to the extent and on the terms set out in Article 6.
8. Delivery period
The Provider will produce and make available a Video within 72 hours of the Client supplying all material required for its production.
9. Revisions
The price of each Video includes one round of revisions. The Client may return a Video made available for rework, once per Video and free of charge, through the client area. The Client must state what is to be changed; without a statement of the requested changes the Video cannot be reworked.
The Provider will make the reworked Video available within 48 hours of receiving the request.
Comments beyond one round, and comments altering the original brief, are not included in the price and will be incorporated only by agreement.
10. Rights in the Videos
The Videos are copyright works within the meaning of Act No. 121/2000 Coll., the Copyright Act. The Provider remains the author.
By making a Video available, the Provider grants the Client a non-exclusive licence to use it:
- for an unlimited range of uses for the purpose of promoting the Client's business, in particular by publication on the Client's social media, website and printed materials,
- without territorial limitation,
- for the duration of the economic copyright,
- with no obligation to make use of the licence.
The Client may not grant a sub-licence or assign the licence to a third party, save for assignment to an acquirer of the Client's business. The Client may not sell or otherwise monetise a Video as such.
The licence is granted subject to full payment of the price for the relevant billing period.
11. Provider's use of the Videos and material
The Client grants the Provider a royalty-free non-exclusive licence to use the Videos produced for the Client and the visual material supplied by the Client, for the purpose of promoting the Provider's own business, in particular by:
- publication on the Provider's social media profiles, including publication as a collaborative post with the Client's profile,
- inclusion in the Provider's portfolio, references and website,
- use of the Client's trade name, logo and photographs of the Client's premises to the extent necessary to identify the business for which the work was produced.
The licence under this Article is granted without territorial limitation, for the duration of the economic copyright, and survives termination of the contract.
The Client is entitled to exclude, in writing, the use of a specific Video or item of material under this Article; the Provider will then cease using it for those purposes without undue delay. The exclusion does not apply to uses that took place before the notice was received.
12. Client's warranties regarding material
The Client represents and warrants that, in respect of all visual material it supplies to the Provider, it:
- is entitled to grant a licence to the extent set out in Articles 3 and 11,
- has cleared the copyright of the authors of that material,
- has cleared the rights of persons depicted, in particular consent to the use of their likeness under Section 84 et seq. of the Civil Code, whether they are employees, guests or other persons.
If a warranty under this Article proves untrue, the Client is liable for any damage incurred by the Provider and undertakes to indemnify the Provider against third-party claims arising from it.
The Provider is not obliged to review material for third-party rights and is not liable for its content.
13. Processing of material by automated tools
The Client acknowledges that, in producing a Video, the Provider transfers visual material to processors operating automated image and audio processing tools, including outside the European Union. The scope of and safeguards for such transfers are described in the Privacy Policy.
14. Provider's liability
The Provider is liable for producing the Videos with professional care and in accordance with the agreed brief. The Provider is not liable for the commercial outcome of using a Video, in particular for reach, views, engagement or customers gained, nor for the conduct of social media operators, including limitations on reach, removal of content or suspension of the Client's account.
The Provider is not liable for unavailability of the service caused by circumstances beyond its control, in particular outages of providers on which the service depends.
Liability for damage is limited to the amount of the price paid by the Client for the billing period in which the damaging event occurred. This limitation does not apply to damage caused intentionally or by gross negligence.
15. Defects and notification
The Client shall notify defects in a Video without undue delay and no later than 14 days from it being made available, to hello@lindacinova.com. The Provider will remedy the defect by producing a corrected version or, where that is not possible, by supplying a replacement Video outside the quota.
Disagreement with the creative treatment of a work is not a defect; it is addressed under Article 9.
16. Duration and termination
The contract is concluded for an indefinite term. The Client may cancel the subscription at any time in its customer area; the service continues until the end of the paid billing period and then ends, with no right to a refund of the price paid.
The Provider may terminate the contract on notice of one billing period, and may withdraw from it with immediate effect in the event of a material breach by the Client, in particular a breach of Article 12.
Videos produced before termination remain available to the Client for 12 months after termination. The licence under Article 10 does not lapse on termination.
17. Amendments to the Terms
The Provider may amend the Terms. It will notify the Client of an amendment by email at least 30 days before it takes effect. If the Client does not agree with the amendment, it may terminate the contract with effect from the date the amendment takes effect.
18. Governing law and disputes
The contractual relationship is governed by the law of the Czech Republic. The courts of the Czech Republic have jurisdiction; the court with local jurisdiction is determined by the Provider's registered address.