Terms and Conditions
Exclusively for businesses & companiesProvider and introductory provisions
These Terms and Conditions (the "Terms") govern the provision of software services and custom applications under the brand Digital-George.com and are binding for all contractual relationships entered into between the Provider and the Client.
- Trade name
- Digital-George.com
- Provider
- Jiří Liška · self-employed sole trader registered in the Czech Trade Licensing Register
- Company ID (IČO)
- 29619513
- Registered address
- Bezručova 4201, 430 03 Chomutov, Czech Republic
- Website
- digital-george.com
For the purposes of these Terms:
- Service
- a custom-built web application operated by the Provider on its own infrastructure, to which the Client is granted access via a user account.
- Monthly fee
- a recurring monthly payment for access to and operation of the Service, invoiced in arrears for the preceding calendar month.
- Minimum commitment period
- the shortest agreed period during which the Client is obliged to use the Service and pay the monthly fees, even in the event of earlier termination.
Scope of the service — B2B only
The Client may only be:
- a self-employed individual (sole trader) acting within the scope of their business activity,
- a legal entity (limited company, joint-stock company, association, homeowners' association, etc.).
By accepting the Provider's offer and starting to use the Service, the Client expressly declares and confirms that it is acting as a business within its business or professional activity, and not as a consumer. Consumer protection legislation therefore does not apply to this contractual relationship, in particular Act No. 634/1992 Coll., on Consumer Protection, nor the relevant provisions of the Civil Code on consumer contracts.
Nature of the service
The Provider supplies custom SaaS software — bespoke web applications (e.g. attendance systems, delivery-note systems, EV-infrastructure management, etc.) operated exclusively as an online service (Software as a Service). The Client accesses the application through a web browser via a user account.
- does not purchase the application's source code,
- does not purchase the server infrastructure or database system,
- does not acquire any ownership or other proprietary rights to the software.
The Client is granted only a limited, non-exclusive and revocable right of access to the application via a user account, for the duration of the contractual relationship and subject to timely payment of the 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 clients) in a SaaS model, without any restriction."
Cooperation model and trial version (Demo)
Cooperation typically proceeds in three phases, which eliminate the risk of ordering unsuitable software:
Inquiry and offer
The Client submits an inquiry describing the required application. The Provider prepares a solution proposal and sets the monthly fee for access to the Service.
Demo / Prototype
Once the offer is accepted, the Provider builds the application and grants the Client temporary access to a free demo version. Testing the demo does not create any entitlement to a transfer of the code or the technology.
Go-live
Once the demo has been approved, live operation begins. The invoice for the first month is issued in arrears after the first billing month has ended.
Access to the Service and usage restrictions
Once live operation begins, the Client obtains non-exclusive, non-transferable and revocable access to the application via a user account. Access may not 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, or deployment configurations,
- internal system documentation or architectural materials.
Payment terms and minimum commitment period
6.1 Billing method
The Service is provided for a monthly access fee, invoiced in arrears for the preceding calendar month. The invoice is issued at the start of the following month and delivered to the Client electronically.
6.2 Invoice due date
Each invoice is due within 14 days of its issue date. If the Client fails to pay an invoice within 14 days after its due date (i.e. a total of 28 days from issue), the Provider is entitled to restrict or suspend access to the Service without further notice. This does not extinguish the obligation to pay all outstanding fees.
6.3 Minimum commitment period
Service availability (Soft SLA)
The Provider makes reasonable efforts to ensure stable, fast and secure operation. Availability is, however, not guaranteed as a corporate enterprise SLA with financial penalties.
The following may occur:
- planned maintenance windows (typically during night hours),
- urgent security updates,
- outages of third-party infrastructure or internet connectivity.
Short-term outages or technical maintenance do not give rise to any entitlement to damages, refunds or contractual penalties.
Data, export and processing of personal data (GDPR)
8.1 Ownership of data
Data entered by the Client into the application remains the exclusive property of the Client.
8.2 Data export
Following termination of the contractual relationship, the Provider will, upon the Client's written request delivered no later than the termination date, enable export of user data in a standard format (CSV, JSON or XLSX) within 30 days of termination. The Provider is not obliged to provide native SQL database dumps or backend database logic. After 30 days from termination, data may be permanently and irrevocably deleted from the Provider's infrastructure.
8.3 Data processing clause (DPA)
Where the Client stores personal data of third parties in the application (e.g. employee names in an attendance system), the Provider acts as processor and the Client as controller of such personal data within the meaning of the GDPR. The Provider processes the data solely for the purpose of the technical operation and security of the application and undertakes not to disclose it to third parties, with the exception of verified sub-processors (the hosting infrastructure provider referred to in Article 9).
Hosting and data location — Switzerland
The software and the Client's data are operated on the infrastructure of the Swiss hosting provider Infomaniak, physically located within the Swiss Confederation. This is a deliberate choice by the Provider, motivated by security and data sovereignty.
9.1 Data processing agreement with the sub-processor
The Provider has entered into a Data Processing Agreement with Infomaniak. In relation to the Client, the Provider acts as data controller, and the Client is the party on whose behalf data is processed as part of the Service; Infomaniak acts as a sub-processor of the Provider. The guarantees provided by Infomaniak are thereby reflected in the Provider's obligations toward the Client under Article 8.3 of these Terms.
9.2 Data sovereignty
All data is physically stored and protected within Switzerland and is subject to Swiss law. Access to the data by foreign authorities (e.g. under the US CLOUD Act, which applies to providers such as AWS or Microsoft Azure) is thereby excluded. Access by third parties or public authorities to the data is possible only on the basis of a final decision of the competent Swiss court.
By entering into the agreement, the Client acknowledges and agrees to the data being located on infrastructure within Switzerland under the terms set out above.
Limitation of liability for damages
The Provider is liable only for damage demonstrably caused by an intentional breach of its contractual obligations.
The Provider is not liable for:
- lost profit, loss of business opportunities, loss of data, or indirect and consequential damages,
- damage caused by the Client's improper use of the application,
- force majeure events, connectivity outages, or failures of third-party infrastructure.
This limitation does not apply to damage caused intentionally or through gross negligence, or to damage to life or health — such cases are governed by the relevant mandatory provisions of Czech law.
Termination of service
Once the minimum three-month commitment period has elapsed, the agreement may be terminated by written or email notice delivered to the Provider. The notice period is one (1) month and begins on the first day of the calendar month following delivery of the notice. During the notice period, the Client is obliged to pay the full monthly fee for access to the Service.
If the minimum commitment period has not yet elapsed at the time notice is delivered, the Client is obliged to pay the monthly fees for all remaining months until it elapses, even if it stops actually using 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 for more than 14 days after its due date,
- breach of these Terms (reverse engineering, code analysis, sharing login credentials with third parties),
- misuse of the system, storage of illegal content, or a serious security incident on the Client's side.
Termination of the agreement due to the Client's conduct does not extinguish the obligation to pay all outstanding monthly fees, including fees for the remaining months of the minimum commitment period.
Governing law and changes to these Terms
12.1 Governing law
All contractual relationships arising under these Terms are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code. Application of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
12.2 Competent court
Any disputes arising from or in connection with these Terms will be resolved exclusively before the competent court in the Czech Republic having jurisdiction over the Provider's registered seat (Chomutov / Ústí nad Labem).
12.3 Changes to these Terms
The Provider is entitled to unilaterally amend these Terms. The new version will be published on digital-george.com with reasonable advance notice, and the Client will be informed of the change by email to the contact address stated in the offer. If the Client continues to use the application after the effective date of the changes, it is deemed to have accepted the new version of the Terms.
If the Client does not agree to a change to the Terms, it is entitled to terminate the agreement in accordance with Article 11 of these Terms.