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Terms of service

Terms and Conditions for download:

  • General Terms and Conditions
    • valid and effective as of 25 May 2018 - download
  • Terms and Conditions for the electronic meal vouchers
    • valid and effective as of 15 April 2018 - download


Full text of General Terms and Conditions:

 

General Terms and Conditions published by Up Slovensko, s.r.o.

 

with registered office at Tomášikova 23/D, 821 01 Bratislava, Company ID: 313 966 74, registration: Commercial Register, Bratislava I District Court, Section: Sro, File No.: 9085/B (“Up Slovensko, s.r.o.” or “Commission Agent”),

 

valid and effective as of 25 May 2018

 

Contents

I.        Introductory Provisions

II.       Commission Contract

III.      Coupons

IV.      Price List of Charges, Fees and Payment Conditions

V.       Claims

VI.      Tax and Accounting Conditions and Invoicing

VII.     Other Agreements

VIII. Final Provisions

 

I.

Introductory Provisions

1.1 Up Slovensko, s.r.o. hereby publishes these General Terms and Conditions (“Terms and Conditions”) in accordance with Section 273 (1) of Act No. 513/1991 Coll., the Commercial Code, as amended to define each contractual relationship between Up Slovensko, s.r.o. and third parties (“clients”) the subject of which is Up Slovensko, s.r.o.'s brokerage of services in the form of Up Slovensko, s.r.o. coupons as defined in Articles II and III of the Terms and Conditions.

1.2 Every contract under Section 1.1 of the Terms and Conditions between Up Slovensko, s.r.o. and a client is a Commission Contract (Article II of the Terms and Conditions) concluded under Section 577 et seq. of Act No. 513/1991 Coll., the Commercial Code, as amended the parties to which are Up Slovensko, s.r.o. as the Commission Agent and the client as the Principal.

1.3 The Terms and Conditions are an integral part of the Commission Contract concluded by Up Slovensko, s.r.o. as the Commission Agent and the client as the Principal. Deviations agreed in the Commission Contract (and its addenda) concluded between the Commission Agent and the Principal have priority over the Terms and Conditions.

1.4 The Terms and Conditions are published at www.up-slovensko.sk and are attached to every written Commission Contract concluded between Up Slovensko, s.r.o. and clients (“Principal”).

1.5 Up Slovensko, s.r.o. has the right to amend these Terms and Conditions. Up Slovensko, s.r.o. is obliged to notify the client of the current version of the Terms and Conditions and the effective date of the amended Terms and Conditions. Up Slovensko, s.r.o. announces amended Terms and Conditions and their effective date to the client with their publication at www.up-slovensko.sk or as information on an invoice, attached to an invoice or in electronic form via email or another suitable method. Up Slovensko, s.r.o. commits to publish the updated Terms and Conditions at least 15 days in advance of the date on which the amended Terms and Conditions enter into force. The Principal is considered to agree with the amended Terms and Conditions if it does not respond in writing to the contrary within 15 calendar days from the date on which Up Slovensko, s.r.o. notifies the Principal of the amended Terms and Conditions. If the Principal expresses its dissent, the Commission Contract between the Principal and Up Slovensko, s.r.o. remains subject to the previous version of the Terms and Conditions but Up Slovensko, s.r.o. is authorised to unilaterally terminate its contractual relationship with the Principal by withdrawing from the Commission Contract. The client as the Principal expresses its notification of the amended Terms and Conditions and its agreement with them by issuing any instruction (in particular, an order) as defined in the Commission Contract and its addenda.

II.

Commission Contract

2.1 The Commission Agent is obliged to receive and process orders in standard formats including:

- orders placed in the Commission Agent’s Customer Zone with login (https://www.e-kupon.sk/persoweb/login.jsf),

- orders placed on the Commission Agent's website without login (https://www.e-kupon.sk/persoweb/objednavka.jsf),

- orders processed in the Commission Agent’s special application in online or off-line mode, which is available for free from the Commission Agent’s website,

- orders completed using the Commission Agent’s form sent via fax (02 / 32 55 35 25), by mail or delivered in person,

- telephone orders placed using the Commission Agent’s Customer Service Hotline (02 / 32 55 35 45).

All standard orders are binding for the Principal and the Commission Agent. Confirmation of a client’s order by Up Slovensko, s.r.o. creates a partial commission contract (“contract”) between Up Slovensko, s.r.o. as the Commission Agent and the customer - client as the Principal in which the Principal commits to pay the Commission Agent compensation for the service, including the fees defined in the Price List in accordance with Article IV (4.1) of the Terms and Conditions and the Commission Agent commits to arrange specific business transactions on behalf of the Principal (“Services”) in the form of the Commission Agent’s coupons, in particular “Chèque Déjeuner” meal coupons, “Chèque Aqua” beverage coupons, “CADHOC” gift coupons, “CADHOC RELAX” relaxation coupons, “Chèque Vacances” holiday coupons, “Chèque Médical” medical coupons, “CADHOC Adrenalín” adventure coupons and “Chèque Social” social coupons.

If an unclear or atypical order is received, the Commission Agent has the right to contact the Principal for the purposes of ascertaining information leading to the completion of the order or to send the order in the standard format.

2.1.1 “Chèque Déjeuner” meal coupon: The Principal, as an employer, is obliged under Section 152 of Act No. 311/2001 Coll., the Labour Code, as amended to provide employees on all shifts with suitably nutritious meals directly at the workplace or nearby and secure meals for employees, in particular by providing one hot meal including a suitable beverage to an employee during their work shift in an internal food service establishment, in the food service establishment of another employer or by using another legal entity or natural person that is a properly licensed food service provider. The Principal and the Commission Agent agree that the Commission Agent facilitates the assurance of this obligation on behalf of the Principal for its employees through “Chèque Déjeuner” meal coupons ("meal coupons”) who the Principal provides with meal coupons. The Commission Agent commits to secure meals for the Principal and other persons defined by the Principal who the Principal provides with meal coupons. The meal coupons secure meals for the users of the meal coupons in the establishments of the Commission Agent’s contractual partners who display a sticker indicating the service brokered by the Commission Agent in a visible location.

2.1.2 “Chèque Aqua” beverage coupons: The Principal, as an employer, is obliged under Section 6 (3)(b) of Act No. 124/2006 Coll. on Occupational Health and Safety as amended to ensure beverages are provided to employees at no charge in accordance with an internal regulation when required as a part of health and safety measures. The Principal and the Commission Agent agree that the Commission Agent shall secure beverages by providing “Chèque Aqua” beverage coupons to the Principal and other parties defined by the Principal who the Principal provides with beverage coupons. The beverage coupons secure beverages for the users of the beverages coupons in the establishments of the Commission Agent’s contractual partners who display a sticker indicating the Service brokered by the Commission Agent in a visible location.

2.1.3 “CADHOC RELAX” relaxation coupons, “Chèque Vacances” holiday coupons, “Chèque Médical” medical coupons and “CADHOC Adrenalín” adventure coupons: The Principal and the Commission Agent agree that the Commission Agent will broker goods and services for the Principal’s employees on behalf of the Principal in the form of “CADHOC” gift coupons (“gift coupons”), “CADHOC RELAX” relaxation coupons (“relaxation coupons"), “Chèque Vacances” holiday coupons (“holiday coupons"), “Chèque Médical” medical coupons (“medical coupons") and “CADHOC Adrenalín” adventure coupons (“adventure coupons") who the Principal provides with these types of coupons.   The Commission Agent’s gift coupons may be used to pay for goods and services from providers of active and passive regeneration services, material rewards, educational goods and services, select tourism services from tourism service providers and select healthcare and health goods and services from healthcare providers. The Commission Agent’s relaxation coupons may be used to pay for services from a provider of active and passive occupational regeneration goods and services. The Commission Agent's holiday coupons may be used to pay for select tourism services from tourism service providers. The Commission Agent’s medical coupons may be used to pay for select healthcare and health goods and services from healthcare providers.  The Commission Agent’s adventure coupons may be used to pay for a variety of select adventure services. The Commission Agent commits to provide the Service for the Principal and other persons defined by the Principal that the Principal provides with gift, relaxation, medical, holiday or adventure coupons.             

2.1.4 “Chèque Social” social coupon: The Commission Agent commits to secure the sale of select goods and services for coupon users in its own name to the benefit of the Principal through the coupons and their use at its contractual partners. Select goods and services are primarily understood as foodstuffs (except for alcohol, coffee and tobacco products), apparel, footwear, school and hygienic supplies, extraordinary treatment costs and essential home furnishings (“select goods and services”).

2.2 The purpose of the contract is to secure the provisioning of Services by the Commission Agent for the Principal’s employees and for the Principal and third parties defined by the Principal via the coupons defined above in the establishments of service providers defined by the Commission Agent and the subject matter of the contract is the Commission Agent’s commitment to facilitate business opportunities, i.e. to secure the provisioning of the Services under the conditions and in the scope defined in the contract.

2.3 The Services will be secured and provided using the coupons identified above in the establishments of the Commission Agent’s contractual partners who display a sticker indicating the Service brokered by the Commission Agent in a visible location. Lists of the establishments of the Commission Agent’s contractual partners are published and regularly updated on the Commission Agent’s website www.up-slovensko.sk. The Commission Agent has the right to update (modify) the list of establishments of the Commission Agent’s contractual partners providing Services.

2.4 Interest from delay

2.4.1 The Principal is obliged to pay interest from delay under Section 369 of the Commercial Code if it is in delay with the payment of any financial liability in part or in full.

2.5 Rights and obligations of the Commission Agent:

2.5.1 The Commission Agent is obliged to send the coupons purchased under a contract to the Principal within three working days at the latest. 

2.5.2 The Commission Agent commits to secure the provisioning of Services for every person who presents a valid coupon based on this contract in Service provider establishments defined by the Commission Agent.

2.5.3 The Commission Agent commits to make every effort to expand the network of establishments of the Commission Agent’s contractual partners upon the Principal's request in order to expand the scope of brokered Services.

2.6 Rights and obligations of the Principal:

2.6.1 The Principal has the right to order coupons using a standard form under Section 2.1 herein via which the Principal, the Principal's employees and persons designated by the Principal may use the Services brokered by the Commission Agent.

2.6.2 The Principal is obliged to pay the Commission Agent charges and fees as defined in the contract and the Terms and Conditions in a timely and full manner.

2.6.3 The Principal commits to report any change in identification or communication details (e.g. a change in business name, registered office/place of business/permanent residence, email address, phone and fax numbers) and bank account number to the Commission Agent immediately and within a period of five working days from the date of such change at the latest.

2.6.4 The Principal has the right to information about the Commission Agent’s products and Services and can receive such information by calling the Commission Agent's customer service link at 02 / 32 55 35 45 or by visiting  www.up-slovensko.sk

2.6.5 The Principal is obliged to use the identification number assigned by the Commission Agent when communicating with the Commission Agent.

 

III.

Coupons

 3.1 Up Slovensko, s.r.o. commits to provide the Services on the basis of commission contracts in the form of the coupons, in particular “Chèque Déjeuner” meal coupons, “Chèque Aqua” beverage coupons, “CADHOC” gift coupons, “CADHOC RELAX” relaxation coupons, “Chèque Vacances” holiday coupons, “Chèque Médical” medical coupons, “CADHOC Adrenalín” adventure coupons and “Chèque Social” social coupons.

3.2 A coupon is not considered a means of payment and is primarily intended for payment of the brokered Services at the face value marked on the coupon.

3.3 The Commission Agent is obliged to produce the coupons at its own cost. Every coupon is marked on the front side with the name (type) of the coupon, its face value, the calendar year of validity and a numbered and bar code.

3.4 Every coupon contains security elements without which the coupon is invalid. Samples of valid coupons and a description of the basic security elements are available from the Commission Agent’s website www.up-slovensko.sk.

3.5 Coupons are issued with a minimum validity of 15 months, i.e. the Commission Agent begins to sell coupons for the next year with validity until 31 December of the following calendar year in October of the current year. A coupon issued for the upcoming calendar year is considered valid in the current calendar year. Coupons always expire on 31 December of the calendar year matching the calendar year of validity marked on the coupon.

3.6 The Principal has the right to return expired coupons to the Commission Agent which it received from the Commission Agent and that became invalid upon the expiry of their valid period (year) by 20 January of the year following the year marked on the coupons at the latest. The Principal as claim to a refund within 15 working days after returning coupons to the Commission Agent by 20 January (inclusive) of the given calendar year equal to the amount corresponding to the face value of each coupon multiplied by the number of eligible coupons  minus the processing fee and VAT. The Principal has no claim with respect to returned coupons that were not printed by the Commission Agent, lack the requisite security elements or were not sold to the Principal by the Commission Agent. The Principal bears all costs associated with returning coupons. The Commission Agent is not obliged to refund the amount defined above to the Principal for invalid coupons that are returned by 20 January of the calendar year marked following the year marked on the coupons if the Principal does not notify the Commission Agent of its bank account in writing.

 

IV.

 Price List of Charges, Fees and Payment Conditions

4.1   Price list of charges

The Commission Agent and the Principal have agreed that the Commission Agent has the right to payment of the following charges by the Principal:

a)    processing fee of €10.00 for coupons returned by the Principal to the Commission Agent (credit note)

b)    shipping and handling – insured letter €2.95

c)     shipping and handling – cash on delivery €4.95

d)    shipping and handling – courier service €5.95

e)    shipping and handling – courier service, cash on delivery €6.95

f)      shipping and handling – Commission Agent’s courier €10.95, in Bratislava – Staré Mesto €12.95

g)    lump sum of €7.00 related to processing orders with a value of less than €235.00

(“Price List of Charges”)

 

4.2   Compensation

The Commission Agent’s minimum compensation is €7 (seven euros). If the minimum compensation of €7 is more than 3% of the total face value of such ordered meal coupons, then Section 4.2 does not apply to compensation for meal coupons. The minimum compensation amount is exclusive of VAT.

4.3 The Principal commits to pay the Commission Agent the compensation as agreed in the concluded commission contract and the Terms and Conditions unless the parties agree otherwise in writing in the commission contract. The Commission Agent’s compensation is considered paid by the Principal on the day the entire amount is credited to the Commission Agent’s account with the correct variable symbol as provided on the invoice or proforma invoice.

4.4 The Commission Agent's compensation and all charges and costs identified in Article IV are exclusive of VAT.

 

V.

Claims

5.1. The Commission Agent is subject to the Claims Procedure in which it thoroughly informs the Principal of the conditions, means and place at which it can apply its rights to liability for damages or report claims and deficiencies. The Claims Procedure is published in accordance with applicable provisions of the Commercial Code and the Civil Code as well as other generally binding legal regulations of the Slovak Republic.

The Claims Procedure ensures a unified, rapid and precise procedure for resolving claims with respect to the provided services and is published at (http://www.up-slovensko.sk/page/sk/Kupony/Reklamacny-poriadok.html).

5.2 A Principal is obliged to file claims in writing to the company’s registered office or send claims via mail to the registered office of Up Slovensko, s.r.o. The Commission Agent will inform the Principal of the results of its investigation into all claims in writing within 30 days from the date on which a claim is received.

5.3 If the Commission Agent cannot inform the Principal of the results of its investigation into the claim in writing within this 30-day term, it must inform the Principal in writing that the investigation is on-going with a likely deadline for the completion of the investigation of the claim and provide information regarding its outcome.

5.4 The parties have the right to mutual settlement in the event of any invoicing errors. If the Principal discovers an error in an invoice, it shall report such fact to the Commission Agent with the reasoning for such error. The Commission Agent shall issue a corrected invoice if an error is recognised. The Commission Agent shall immediately issue a corrected invoice if it discovers an error.

 

VI.

Tax and Accounting Conditions and Invoicing

6.1 Coupons are not subject to valued added tax ("VAT”) pursuant to the instruction issued by the Ministry of Finance of the Slovak Republic published in Financial Bulletin 12/96 number: 12019/1996-63.  VAT is calculated for the Commission Agent’s Services billed on the basis of the concluded commission contract.

6.2 The Commission Agent shall issue a proforma invoice after receiving an order from the Principal; this proforma invoice is sent to the Principal. The Commission Agent then issues an invoice for the purchase of the coupons after the Principal completes payment. Delivery of the Commission Agent's proforma invoice to the Principal is considered confirmation of the Principal’s order by the Commission Agent.

6.3 The Principal is obliged to pay the Commission Agent’s invoice within maturity to the Commission Agent’s bank account identified on invoices. The Commission Agent shall send invoices on the date of issue.

6.4 The Principal is obliged to immediately notify the Commission Agent in writing on the day when the Principal establishes a permanent establishment for VAT purposes in the Slovak Republic along with complete invoicing data for this permanent establishment. A permanent establishment for the purposes of VAT is considered a permanent place of business with human and material resources used to conduct business activities.

 

VII.

Other Agreements

7.1 Delivery: Unless otherwise agreed in the contract, any correspondence between the parties in connection with the contract must be completed in writing and mailed as registered mail with delivery confirmation or sent via courier or fax or in person with receipt confirmation. Either of the parties may change their mailing address by notifying the other party in writing. If the recipient refuses to take delivery, correspondence is considered delivered at the moment of refusal on the part of the recipient. If the postal service or courier service returns correspondence to sender as undeliverable or if the delivery of the correspondence was hindered by intentional actions or neglect on the part of the recipient, such correspondence is considered delivered upon the expiry of 3 working days of its dispatch by the sender. Correspondence sent by fax must also be delivered to the recipient as registered mail with delivery confirmation, via courier or in person.

7.2 Reminders: The Commission Agent is authorised to send a written notice (reminder) to the Principal if the Principal does not pay an invoice within maturity in accordance with the Terms and Conditions.  

7.3 Set-Off Agreement: The Principal consents to allow the Commission Agent to set-off any receivable that it holds against the Principal on the basis of the commission contract against any receivable (regardless of if in maturity or not) that the Principal holds against the Commission Agent.

7.4 The Commission Agent is authorised to assign its rights and obligations on the basis of concluded contracts to third parties (in particular receivables held against the Principal due to unpaid invoices).

 

VIII.

Final Provisions

8.1 A written commission contract may only be amended by written addenda signed by both parties.

8.2 Changes to the identification details of the parties registered in the Commercial Register or similar register shall not be considered changes requiring the conclusion of an addendum to the contract.

 

8.3 These Terms and Conditions enter into force and are effective on 25 May 2018. All previous versions of the Commission Agent’s Terms and Conditions are repealed and invalid as of this date. 

 

Actuality

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