digital-george.com

General Terms and Conditions

For a specific contractual relationship, the version attached to the Agreement or displayed when the Order is submitted on the e-shop is binding  ·  Governing law: Czech Republic

Exclusively for businesses & companies Last updated: 10.10.2026
Article 1

Provider and introductory provisions

These General Terms and Conditions (“GTC”) govern the provision of software services and customised applications under the brand Digital-George.com and are binding for all contractual relationships concluded between the Provider and the Customer. For a specific contractual relationship they are binding in the version that the Customer received as an attachment to the Agreement (or to the offer); the version published on the website digital-george.com is for the information of prospective customers only.

When a ready-made application is ordered through the e-shop eshop.digital-george.com, the GTC in the version valid and available at the moment the Order is submitted are binding for the contractual relationship. Before submitting the Order, the Customer has the opportunity to read the GTC via the link provided in the order form, and by submitting the Order the Customer agrees to them.

Brand
Digital-George.com
Provider
Jiří Liška  ·  self-employed individual (sole trader) registered in the trade register
Company ID (IČO)
29619513
Registered address
Bezručova 4201, 430 03 Chomutov, Czech Republic
Website
digital-george.com
E-shop
eshop.digital-george.com
E-mail
contact@digital-george.com
VAT
The Provider is not a VAT payer.

For the purposes of these GTC:

Agreement
an agreement on the provision of access to the Service (including the offer), which contains individual details (Customer, Service, number of user accounts, monthly fee) and of which these GTC form an annex. For ready-made applications ordered through the e-shop, the Agreement means the Order accepted by the Provider, of which these GTC form an integral part.
Service
a custom-built web application operated by the Provider on its infrastructure, to which the Customer obtains access through a user account.
Ready-made application
a Service that the Provider has already built and offers as standard on digital-george.com and in the e-shop (e.g. a taxi application, electric vehicle charging management, a warehouse system).
Order
the binding submission of the order form in the e-shop eshop.digital-george.com, in which the Customer provides its identification details (including the company ID), selects the Service and the number of user accounts, and, by submitting the form, expresses agreement with these GTC and with the declaration under Art. 2, and expressly accepts the provisions of Art. 6.2 (contractual penalty for late payment) and Art. 6.3 (minimum commitment period).
Monthly Fee
a regular monthly payment for access to the Service and its operation, invoiced in arrears for the past calendar month.
Minimum Commitment Period
the shortest agreed period during which the Customer is obliged to use the Service and pay Monthly Fees, even in the event of earlier termination.
Demo
free 48-hour access to a fully functional application with fictitious data, which the Customer may use before ordering live operation. In the digital-george.com e-shop it is also referred to as “application with fictitious data for 48 hours”. The Demo creates no obligation and no entitlement to the transfer of code or technology.
Live Operation
operation of the Service with the Customer’s real data for a Monthly Fee (referred to in the e-shop as the “live version”).
Consent to Go-Live
a declaration of will by the Customer by which it agrees to the Service being transferred to Live Operation and to these GTC, made (a) by submitting an Order in the e-shop, or (b) by e-mail or a message in a messaging application (e.g. WhatsApp), possibly after trying the demo version. In case (b), the consent relates to the GTC in the version received as an annex to the Agreement.
Article 2

Intended use — B2B only

The Service is intended exclusively for businesses. Natural persons who are not entrepreneurs (consumers) are not entitled to use the service or to enter into an agreement with the Provider.

The Customer may be exclusively:

  • a self-employed individual (sole trader) acting within the scope of their business activity,
  • a legal entity (limited liability company, joint-stock company, association, etc.).

By giving Consent to Go-Live under Art. 4, including by submitting an Order in the e-shop, where the Customer is required to state its company ID, the Customer expressly declares and confirms that it acts as a business within the scope of its business or professional activity and not as a consumer. Consumer protection legislation, in particular Act No. 634/1992 Coll., on Consumer Protection, and the relevant provisions of the Civil Code on consumer contracts, therefore do not apply to this contractual relationship.

Conclusion of the agreement: The contractual relationship arises (a) for ready-made applications, by submitting an Order in the e-shop and its acceptance by the Provider, which takes the form of confirmation by e-mail or of setting up the account and handing over the login credentials, or (b) for custom solutions and applications outside the e-shop offer, by the Customer signing the Agreement or, possibly after trying the demo version, giving by e-mail or a message in a messaging application (e.g. WhatsApp) its consent to the Service being transferred to Live Operation and to these GTC (Art. 4). By submitting the Order or giving consent, the Customer confirms that it has read the GTC (for the e-shop, the version available when the Order is submitted; for custom solutions, the version received as an annex to the Agreement) and agrees to them. The Agreement becomes effective at the moment the Provider sets up or switches the Service to Live Operation and hands over the login credentials to the Customer. No obligation arises before the Order is submitted or consent is given. For orders through the e-shop, no separate written agreement is concluded; the contractual relationship consists of the Order and these GTC, and together with the login credentials the Provider sends the Customer by e-mail the GTC in the version valid at the moment the Order was submitted. For custom solutions and applications outside the e-shop offer, a written Agreement is concluded, which the Customer signs or whose wording and the wording of the GTC it confirms by e-mail. Access to the Service is set up exclusively by the Provider.
Article 3

Nature of the service

The Provider supplies custom SaaS software — custom-built web applications (e.g. attendance systems, a warehouse system with delivery notes, EV infrastructure management, etc.) operated exclusively as an online service (Software as a Service). The Customer accesses the application through a web browser via a user account.

The Customer expressly acknowledges and agrees that it:
  • is not buying the application’s source code,
  • is not buying server infrastructure or a database system,
  • does not acquire any ownership or other proprietary rights to the software.

The Customer obtains only a limited, non-exclusive and revocable right of access to the application through a user account, for the duration of the contractual relationship and subject to timely payment of Monthly Fees. All software, source code, backend, architecture, database structures, UI components, know-how and technical solutions remain the exclusive intellectual property of the Provider.

The Provider is entitled to use the software solution, its concept, architecture, source code, individual modules or the entire application to provide the Service to any third parties (other customers) as SaaS, without any restriction.

Article 4

Cooperation model and trial version (Demo)

Cooperation takes place in two variants:

  • Ready-made applications (e.g. a taxi application, EV charging management, a warehouse system): the Customer can try the application in a demo version and orders the live version directly in the e-shop eshop.digital-george.com. Phase 1 (enquiry and offer) is omitted in this case, because the price and scope of the Service are stated in the e-shop.
  • Custom solutions and applications outside the e-shop offer: cooperation takes place on the basis of an enquiry sent by e-mail or through a messaging application (e.g. WhatsApp) according to the phases below; the Provider sends the Customer the Agreement and the current version of the GTC.

Both variants are built on three phases that eliminate the risk of ordering unsuitable software:

Phase 1

Enquiry and offer

The Customer sends an enquiry describing the required application. The Provider prepares a solution proposal and determines the Monthly Fee for access to the Service. At this stage the price is only an offer and does not bind the Customer. The offer includes as an annex the current version of these GTC (in PDF format), which form part of it. For ready-made applications this phase does not apply; the price is stated in the e-shop.

Phase 2

Demo — application with fictitious data

If the Customer agrees with the offer (for ready-made applications, at any time), the Provider builds the application (if it has not already been built) and gives the Customer free access for 48 hours to a fully functional application with fictitious data. The demo can be requested through the e-shop or by e-mail. Trying the demo is voluntary. Testing does not bind the Customer to anything and gives no entitlement to the transfer of code or technology.

Phase 3

Go-live

If the Customer is satisfied with the demo (or wishes to go straight to Live Operation without trying it), then for ready-made applications it orders the live version in the e-shop by submitting an Order; for custom solutions and applications outside the e-shop offer it signs the Agreement or confirms by e-mail its wording and its consent to the transfer to Live Operation and to these GTC in the version received as an annex to the Agreement. The Provider then sets up or switches over the Service, creates the user accounts and sends the login credentials by e-mail; the agreement thereby becomes effective. If the Customer does not agree, no obligation arises for it. The invoice for the first month is issued in arrears after the first billing month has elapsed.

Payment for an e-shop order: By submitting the Order, the Customer undertakes to pay Monthly Fees under these GTC. No payment is made in advance; the Monthly Fee is invoiced in arrears for the past calendar month under Art. 6.
Article 5

Access to the service and usage restrictions

After Live Operation begins, the Customer obtains non-exclusive, non-transferable and revocable access to the application through a user account. Access cannot be sold or transferred to third parties and does not include access to the source code.

The application runs exclusively on infrastructure managed by the Provider. The Provider is not obliged to provide:

  • root access, SSH access or any direct server access,
  • source code, SQL database dumps, deployment configuration,
  • internal system documentation or architectural materials.
Prohibited conduct: The Customer must not reverse engineer, decompile or analyse the source code, deliberately search for security vulnerabilities, or share login credentials with third parties. A breach of these obligations is grounds for immediate termination of access to the Service.
Article 6

Payment terms and minimum commitment period

6.1 Invoicing

The Service is provided for a monthly access fee, which is invoiced in arrears for the past calendar month. The invoice is always issued at the beginning of the following month and delivered to the Customer electronically. The Provider charges no one-off setup fees and no fees for the standard development of the application. Further development and modifications of the Service take place exclusively at the Provider’s expense and discretion — all such costs are already included in the Monthly Fee. The Provider is not a VAT payer; the stated prices are final.

The price, the number of user accounts and any limits (e.g. a monthly order limit) stated in the Order or in the Agreement are binding for the given contractual relationship. The price stated in the order form in the e-shop represents the Monthly Fee; actual payment is not made when the Order is submitted but on the basis of an invoice issued in arrears under this Article.

6.2 Invoice due date

Each invoice is due 14 days from the date of issue. If the Customer fails to pay an invoice within 14 days after the due date (i.e. 28 days in total from issue), the Provider is entitled, without further notice, to restrict or suspend access to the Service. The obligation to pay all outstanding fees is not affected. In the event of late payment of an invoice, the Customer is obliged to pay the Provider a contractual penalty of 0.05% of the amount due for each day of delay; statutory default interest is not charged in that case. The Provider is further entitled to compensation of the costs of enforcing the claim, and the right to compensation for damage is not affected.

6.3 Minimum commitment period

Minimum commitment: 3 months from the start of Live Operation, unless otherwise agreed in writing in the Agreement or in an individual offer. This period reflects the Provider’s investment in building a custom application. If the Customer terminates the agreement before the end of the Minimum Commitment Period, it is obliged to pay the Monthly Fees for all remaining months of the minimum commitment. Notice of termination may be given during the Minimum Commitment Period in the manner set out in Art. 11.
Article 7

Service availability (Soft SLA)

The Provider makes reasonable efforts to ensure stable, fast and secure operation. However, availability is not guaranteed as a corporate enterprise SLA with financial penalties.

The following may occur:

  • planned maintenance downtime (usually at night),
  • urgent security updates,
  • outages of third-party infrastructure or internet connectivity.

Short-term outages or technical maintenance do not give rise to any claim for damages, refund of payments or contractual sanctions.

Article 8

Data, export and processing of personal data (GDPR)

8.1 Data ownership

Data entered by the Customer into the application remains the exclusive property of the Customer. The Customer is responsible for the accuracy and completeness of the data it enters into the application.

The Provider ensures regular backups of the Service data in case of a technical fault or outage of the main server. Backups serve exclusively to restore the Service; they are not an archiving service.

8.2 Data export

After the contractual relationship ends, the Provider will, at the Customer’s written or e-mail request delivered no later than 14 days after the end of the agreement, enable export of user data in a standard format (CSV, JSON or XLSX), no later than 30 days after the end of the agreement. The Provider is not obliged to provide native SQL dumps or the backend logic of the databases. After 30 days from the end of the agreement, the data will be definitively and irreversibly deleted from the Provider’s infrastructure; data stored in encrypted backups will be removed at the latest as part of the normal backup rotation.

8.3 Data processing clause (DPA)

Where, in operating the Service, the Provider processes personal data of the Customer’s users (in particular name, e-mail and role in the application) or other personal data that the Customer enters into the application, the Provider is the processor and the Customer is the controller of such data within the meaning of the GDPR. The Provider undertakes that it:

  • processes personal data only for the purpose of technical operation and security of the application and in accordance with the Customer’s instructions,
  • ensures the confidentiality of all persons involved in the processing,
  • adopts appropriate technical and organisational measures to secure the personal data,
  • notifies the Customer without undue delay of a personal data breach,
  • provides the Customer with assistance in handling data subject requests and, on request, the information necessary to demonstrate compliance with these obligations, including allowing inspection to the necessary extent,
  • after the agreement ends, handles the data under Art. 8.2, unless a legal regulation requires their further retention,
  • does not disclose personal data to third parties, with the exception of sub-processors under Art. 9.

8.4 User accounts and controller’s instructions

The creation and management of user accounts for the Customer’s users (the Customer’s employees or collaborators) takes place exclusively on the Customer’s express instruction. For an order through the e-shop, the number of user accounts stated in the Order and the details of users that the Customer communicates to the Provider by e-mail are considered such an instruction. The fact that, for technical and security reasons, user accounts are created and managed by the Provider does not make the Provider a controller of personal data, as the purposes and means of processing are determined exclusively by the Customer. The Provider creates and manages user accounts exclusively as a processor on the Customer’s express instruction, so that the Customer’s staff can use the application.

Article 9

Hosting and data location

The software and the Customer’s data are operated exclusively on server infrastructure located in the territory of a Member State of the European Union, at a vetted data-centre and hosting provider subject to EU jurisdiction.

GDPR compliance: The application’s operational data is located in the EU and its processing is fully subject to Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and the related legislation of the Czech Republic. Backups are encrypted before storage with a key under the Provider’s exclusive control, so the backup storage provider has no access to their content.

9.1 Processing agreement with the subcontractor

The Provider has concluded a data processing agreement with the relevant hosting infrastructure operator in accordance with Art. 28 GDPR. In relation to the Customer, the Provider acts as personal data processor (Data Processor) and the Customer as controller (Data Controller), while the hosting infrastructure operator is, towards the Provider, a subcontractor — a further processor. The guarantees provided by this subcontractor are hereby reflected in the Provider’s obligations towards the Customer under Art. 8 of these GTC.

9.2 Data sovereignty

The application’s operational data is physically stored and processed in the territory of the European Union. Encrypted backups may be stored with a storage provider that may be established outside the EU/EEA; their content is encrypted with a key under the Provider’s exclusive control, and any transfer relies on a European Commission adequacy decision (EU–US Data Privacy Framework) or on standard contractual clauses.

The Customer grants the Provider general authorisation to engage further processors (sub-processors) under the conditions of this Article. The Provider is entitled to change the specific hosting infrastructure or backup storage provider, always while concluding an appropriate processing agreement with the new sub-processor and maintaining the level of protection under this Article. The Provider will inform the Customer of an intended change of sub-processor with reasonable notice by e-mail or by publication on the website digital-george.com; the Customer may raise a reasoned objection to the change. If the objection cannot be accommodated, the Customer is entitled to terminate the agreement under Art. 11.

By concluding the agreement, the Customer acknowledges and agrees to the location of data and encrypted backups as described in this Article.

Article 10

Limitation of liability for damages

10.1 General liability

The Provider is liable for damage caused by a breach of its contractual obligations in accordance with general legal regulations, subject to the limitations set out in this Article.

10.2 Excluded liability

The Provider is not liable for:

  • lost profit, loss of business opportunities and indirect or consequential damages,
  • damage caused by improper use of the application by the Customer,
  • force majeure, connectivity outages or failures of third-party infrastructure.

10.3 Liability cap

The Provider’s maximum total liability for any damages arising from this agreement or in connection with it is limited to an amount equal to the sum of the Monthly Fees actually paid by the Customer for the last two (2) billing months immediately preceding the occurrence of the damage; if no fee has yet been paid, to an amount corresponding to one Monthly Fee.

10.4 Exceptions

The limitations and exclusions under Art. 10.2 and 10.3 do not apply to damage caused intentionally or through gross negligence, to damage to life, health or natural rights of a person, or to cases where the law prohibits limiting liability.

Article 11

Termination of the service

The agreement may be terminated at any time, including during the three-month Minimum Commitment Period, by written or e-mail notice delivered to the Provider. The notice period is thirty (30) days and starts to run on the day the notice is delivered to the Provider. The agreement ends upon expiry of the notice period, but not earlier than upon expiry of the Minimum Commitment Period. During the notice period, the Customer is obliged to pay the Monthly Fee for access to the Service; for an incomplete calendar month the fee is paid proportionally according to the number of days.

If the notice period ends before the Minimum Commitment Period has expired, the Customer is obliged to pay the Monthly Fees for all months remaining until its expiry, even if it no longer actually uses the Service.

The Provider may block access to the Service and terminate the agreement with immediate effect in the event of:

  • non-payment of an invoice more than 14 days after its due date,
  • breach of these GTC (reverse engineering, code analysis, sharing login credentials with third parties),
  • abuse of the system, storage of illegal content or a serious security incident on the Customer’s side.

Termination of the agreement for a reason on the Customer’s side does not extinguish the obligation to pay all outstanding Monthly Fees, including fees for the remaining months of the Minimum Commitment Period. This provision does not apply if the agreement ends because the Customer disagrees with a new version of the GTC under Art. 12.3.

Article 12

Governing law and changes to the GTC

12.1 Governing law

All contractual relationships arising on the basis of these GTC are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

12.2 Competent court

All disputes arising from these GTC or in connection with them shall be resolved exclusively before the court competent according to the Provider’s registered address, i.e. before the District Court in Chomutov; where the subject-matter jurisdiction of a regional court applies, before the Regional Court in Ústí nad Labem.

12.3 Changes to the GTC

The Provider may send the Customer a new version of the GTC by e-mail. If the Customer does not agree with the new version, it shall notify the Provider by e-mail within 30 days of delivery; in that case the agreement ends upon expiry of that period and until then the original GTC apply. If the Customer does not notify its disagreement within that period, or expressly agrees to the new version, the new version becomes part of the agreement. Until the Provider sends a new version, the GTC that the Customer agreed to apply (for an order through the e-shop, the GTC in the version valid at the moment the Order was submitted). A change to the GTC does not change the price, the Minimum Commitment Period or the notice period agreed with the given Customer. If the agreement ends because the Customer disagrees with a new version of the GTC, the Customer does not pay the Monthly Fees for the remaining months of the Minimum Commitment Period.

12.4 Relationship to the Agreement

In the event of a conflict between the Agreement (including the Order) and these GTC, the provisions of the Agreement prevail.

12.5 Language versions

The GTC may also be provided to the Customer in a language other than Czech, solely to facilitate understanding. In the event of a discrepancy, the Czech version prevails.