Last updated: January 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Client") and Fine Garden s.r.o. ("Company," "we," "us," or "our") regarding your use of our website and digital marketing services.
By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
Fine Garden s.r.o. provides comprehensive digital marketing services, including but not limited to:
Specific services, deliverables, timelines, and pricing will be detailed in individual service agreements or project proposals.
All service engagements begin with an initial consultation to understand your requirements. Following this, we will provide:
A service agreement becomes binding when you accept our proposal in writing (including electronic acceptance) and make any required initial payment.
Any changes to the agreed scope of work must be requested in writing and will be subject to additional fees and timeline adjustments as determined by the Company.
All prices are quoted in Czech Koruna (CZK) or Euro (EUR) and are exclusive of VAT unless otherwise stated. Current VAT rates will be applied as required by Czech law.
Payment terms will be specified in individual service agreements and may include:
Invoices are due within 14 days of issue unless otherwise agreed. Late payments may incur interest charges at the statutory rate under Czech law. We reserve the right to suspend services for overdue accounts.
Unless included in the project fee, additional expenses (such as stock photos, premium tools, advertising spend, or third-party services) will be billed separately with your prior approval.
To ensure successful project delivery, the Client agrees to:
Delays caused by the Client's failure to fulfill these responsibilities may result in project timeline extensions and potential additional costs.
You retain all rights to materials you provide to us (content, logos, images, etc.). By providing these materials, you grant us a license to use them for the purposes of delivering our services.
Upon full payment, you will own the final deliverables created specifically for your project (such as custom website designs, content, graphics, etc.). However, we retain rights to:
Unless otherwise agreed in writing, we reserve the right to showcase completed projects in our portfolio and marketing materials.
Any third-party materials (stock photos, fonts, plugins, etc.) remain the property of their respective owners and are subject to their licensing terms.
Both parties agree to maintain confidentiality of sensitive business information disclosed during the engagement. This includes:
This obligation continues for 3 years after the termination of services, except for information that becomes publicly available through no fault of the receiving party.
We commit to providing services with professional skill and care, following industry best practices and standards.
Digital marketing results depend on numerous factors beyond our control (market conditions, competition, algorithm changes, etc.). While we work to achieve optimal results, we cannot guarantee specific outcomes such as:
Our services may involve third-party platforms (Google, Facebook, Instagram, etc.) that we do not control. Changes to these platforms' policies, algorithms, or functionality may affect service delivery and results.
If we provide hosting services, we will make reasonable efforts to ensure uptime and performance. However, we are not liable for downtime caused by factors beyond our control.
While we implement backup procedures, Clients are responsible for maintaining their own backups of critical data.
If maintenance services are included, we will perform regular updates. However, Clients must notify us immediately of any security concerns or suspected breaches.
To the maximum extent permitted by law, our total liability for any claims arising from our services shall not exceed the total fees paid by the Client in the 12 months preceding the claim.
We shall not be liable for:
The Client agrees to indemnify and hold harmless Fine Garden s.r.o. from any claims arising from:
Either party may terminate ongoing services with 30 days' written notice. Project-based services cannot be terminated once work has commenced unless mutually agreed.
Either party may terminate immediately if the other party:
Upon termination:
We warrant that:
Except as expressly stated, services are provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to:
The affected party must notify the other party promptly and make reasonable efforts to minimize impact.
In the event of a dispute, parties agree to first attempt resolution through good-faith negotiation.
If negotiation fails, parties agree to attempt mediation before pursuing legal action.
These Terms are governed by the laws of the Czech Republic. Any legal proceedings shall be conducted in the courts of Prague, Czech Republic.
These Terms, together with any service agreements and proposals, constitute the entire agreement between the parties and supersede all prior agreements or understandings.
We may update these Terms from time to time. Continued use of our services after changes constitutes acceptance of the modified Terms.
Client may not assign or transfer their rights or obligations without our written consent. We may assign our rights and obligations to a successor entity.
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full effect.
Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship.
For questions about these Terms or our services, please contact us:
Fine Garden s.r.o.
Jičínská 226/17
Žižkov (Praha 3)
130 00 Prague
Czech Republic
Email: hello@finegarden.cz
IČO: 02439671
Data Box: en29j6m
By using our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Last Updated: January 2025