Privacy Policy and Terms of Use
1. Introductory Provisions
1.1. These General Terms and Conditions (hereinafter “GTC”) of the Company govern the mutual rights and obligations of a natural person and/or legal entity as the service recipient and the Company as the service provider (hereinafter collectively the “Contracting Parties”), in respect of the provision of accounting and, where applicable, other services by the provider in accordance with the agreement of the Contracting Parties (hereinafter “Services”).
1.2. These GTC form an integral part of the Agreement under which the provider supplies its Services to the recipient. The Company may agree individually with the recipient on terms different from these GTC, which shall take precedence over these GTC. Any deviations from these GTC must be agreed in writing by the Contracting Parties, otherwise they are invalid.
1.3. The recipient is obliged to familiarize itself with the GTC before entering into the Agreement. These GTC apply to all contractual relationships between the provider and the recipient concerning the provision of Services, from the moment the Agreement is concluded until the full performance of all obligations arising for the Contracting Parties from the concluded Agreement or otherwise relating to it. By concluding the Agreement, the recipient is bound by these GTC and expresses its consent thereto. Consent to these GTC may also be expressed in another manner, in particular through electronic communication between the Contracting Parties or by conduct if the recipient requests the provider’s Services after being given the opportunity to familiarize itself with these GTC.
1.4. The recipient’s own terms and conditions (if any) shall apply only if the provider expressly accepts in writing in the Agreement that the recipient’s terms shall take precedence over these GTC. Otherwise, these GTC shall prevail over any terms of the recipient.
1.5. These GTC do not apply to legal relationships in which the recipient acts as a consumer.
2. Definition of Basic Terms
Confidential Information means any verbal or written information that is not publicly available and/or is designated as confidential by one of the Contracting Parties, as well as other commercial, financial, operational, technical, and/or other data provided orally, in writing, and/or electronically and/or constituting trade, tax, or bank secrets of a Contracting Party, which is disclosed by one Contracting Party or its affiliates to the other Contracting Party in connection with these GTC. The provider’s trade secret also includes the manner, preparation, and execution of the provider’s Services. In case of doubt as to whether certain information constitutes Confidential Information, it shall be deemed Confidential Information.
Recipient means the natural person and/or legal entity that has ordered the provider’s Services and has concluded an Agreement with the provider.
Provider means the legal entity that provides Services to the recipient under these GTC and has concluded an Agreement with the recipient. The provider is duly authorized and professionally qualified to perform the Services under the Agreement.
Agreement means the contract for the provision of Services, under which the object is the performance of accounting work, economic, accounting, and business consulting, and possibly other Services agreed by the Contracting Parties pursuant to Section 269(2) of the Commercial Code between the recipient and the Company as the Service Provider.
Contracting Parties means the natural and/or legal persons as the recipient of Services and the provider of Services under these GTC.
Services means the Services of the Company provided to the recipient in accordance with these GTC, in particular the performance and maintenance of accounting records and the provision of economic, accounting, and business consulting. Services shall also include any other work performed by the provider for the recipient based on mutual agreement.
Penalty means a financial sanction in the nature of a contractual penalty that the provider may claim from the recipient in the event of breach of the recipient’s obligations under these GTC or the Agreement, if so agreed.
The Contracting Parties agree that the terms used in these GTC shall have the meanings specified in this Article, regardless of whether they are capitalized.
3. General Provisions
3.1. The Contracting Parties undertake to provide mutual cooperation in the provision of services under these GTC.
3.2. The contractual relationship between the recipient and the provider shall always be governed by the legal order of the Slovak Republic, and thus the applicable law for all cases or disputes arising from the fulfillment of the Agreement shall always be Slovak law. In matters not regulated by these GTC, the rights and obligations of the Contracting Parties shall be governed by Act No. 513/1991 Coll., Commercial Code, as amended (hereinafter the “Commercial Code”), subsidiarily by Act No. 40/1964 Coll., Civil Code, as amended (hereinafter the “Civil Code”), and other legal regulations of the Slovak Republic.
3.3. The place of service provision shall be the registered office of the provider, unless the Contracting Parties agree otherwise in writing.
3.4. The recipient declares that the limitation period for all claims of the provider against the recipient under the Agreement shall be extended to 10 years from the time the limitation period began to run for the first time. The general provisions on limitation in accordance with the Commercial Code shall apply to the running (but not the length) of the limitation period.
3.5. The Contracting Parties agree that the enforcement or payment of any contractual penalty under the Agreement or GTC shall not affect the recipient’s claim for full compensation for damages, including any part exceeding the amount of the contractual penalty or any claim for insurance indemnity.
3.6. The Contracting Parties agree that the contractual penalty and/or compensation for damages under the Agreement or GTC shall always be payable based on a written request for payment within 14 days from the delivery of the request, unless otherwise agreed in writing.
4. Specification of the Provider’s Services
4.1. The Provider shall provide the Recipient with some or all of the services listed in section 4.2 of this Article of the GTC. The exact scope of services, which will be the subject of the Agreement and provision, shall be separately agreed by the Contracting Parties in a written Agreement or order, and only the scope of services defined therein shall be binding for the Contracting Parties and shall constitute the subject of performance under the Agreement.
4.2. The services provided by the Provider shall be understood as follows:
a) Accounting in accordance with Act No. 431/2002 Coll. on Accounting, as amended (hereinafter the “Accounting Act”), in the form of single-entry or double-entry accounting depending on the legal form of the Recipient and/or the Recipient’s choice if allowed by generally binding regulations, including the chart of accounts, opening balances, necessary statements, and monitoring of receivables and payables divided according to customers or suppliers; the Provider’s accounting services include primarily the booking of accounting documents submitted by the Recipient in compliance with the Accounting Act, Act No. 563/2009 Coll. on Tax Administration (Tax Code), Act No. 595/2003 Coll. on Income Tax, and other applicable legal regulations in accounting and taxation; accounting services also include the preparation of documents for the payment of relevant taxes and fees, as well as payments for health and social insurance;
b) Preparation of regular annual financial statements, preparation and processing of income tax returns and related statutory reports;
c) Preparation of extraordinary financial statements of the Recipient;
d) Preparation of documents for VAT returns or other VAT accounting statements, and possibly preparation of documents and necessary statements for other types of taxes;
e) Processing of the payroll agenda of the Recipient’s employees, which includes maintaining and processing payroll lists and pay slips, preparation and execution of transfer orders, reports, registrations and deregistrations for payroll payments, and fulfilling all related contribution and registration obligations of employees, processing of employee discharge documents – crediting years worked, preparation and submission of pension insurance records, execution of annual tax reconciliation – settlement of overpayments or underpayments, and issuing income certificates;
f) Provision of organizational, economic, business, and accounting consultancy, only within the scope of the provider’s authorization (trade licenses); for the avoidance of doubt, the provision of legal or tax advice is not part of the services provided, and legal or tax advice may only be subject to the Agreement if the provider is authorized to provide such advice or arranges it through a third party authorized accordingly (i.e., a lawyer or tax advisor);
g) Creation of internal guidelines or instructions related to accounting;
h) Processing of submitted agendas, overview of contributions to insurance companies, payroll summaries, and possibly other accounting overviews according to the mutual agreement and needs of the Recipient;
i) Other services in accordance with the Agreement or order.
4.3. Electronic Services (“E-forms”). The Provider provides the Recipient with the possibility to prepare tax and other formal documents and forms through technical electronic tools and a web application, which are subsequently made available to the Recipient for further use or submission to the relevant authorities.
a) The Provider enables the Recipient to fill in personal and tax data necessary for preparing the tax return.
b) The Recipient is obliged to enter truthful, complete, and up-to-date data. The Provider is not responsible for the accuracy or completeness of data entered by the Recipient.
c) The Provider generates the tax return based on the data in accordance with the requirements of the tax office.
d) At the Recipient’s request, the Provider will deliver the tax return by email or submit it on behalf of the Recipient via the official portal of the tax office.
e) The Provider processes the Recipient’s requests for the preparation of the tax return within one working day after receipt of complete and correct data.
f) Corrections are not possible after submission of the data; if corrections are needed, the Recipient is obliged to submit a new tax return.
g) The Recipient will be regularly informed about the processing status via email.
5. Provider’s Remuneration
5.1. The amount of remuneration for the provision of services shall be separately agreed by theContracting Parties in the Agreement or order of services, which must be mutually approved. If the remuneration is determined according to the provider’s price list, this price list shall form anintegral part of the Agreement. The Contracting Parties agree that all prices quoted by theprovider shall always be considered exclusive of VAT, and if the provider becomes or is a VAT payer under the applicable law, VAT shall be added at the relevant rate.
5.2. During the term of the Agreement, if the Statistical Office of the Slovak Republic (or another competent institution, if the Statistical Office is not authorized) officially recognizes (confirms) theinflation rate in Slovakia (currently measured by the consumer price index) for the previouscalendar year, the provider has the right to unilaterally increase the prices of services by 5 times the announced inflation rate for the previous year, with the final increased remuneration rounded up to whole numbers. The price adjustment under this clause shall take effect from March 1 of the respective calendar year upon written notice from the provider delivered to the recipient no later than the end of February of that year. The first such adjustment may be made on March 1, 2026. Any price increase requires mutual agreement of the Contracting Parties.
5.3. Unless otherwise agreed, remuneration for services provided is payable upon delivery of the service based on an invoice issued by the provider with a payment term of 14 days from the invoice date, to the account specified in the invoice or another account notified in writing by the provider. Payment must be credited to the provider’s account no later than the last day of thepayment term.
5.4. Unless otherwise agreed, services are considered delivered on the day the service outputs are handed over to the recipient or on the day the act constituting the service provision wasperformed (e.g., submission of a tax return). If the Contracting Parties have agreed on providingservices as a summary of multiple services for a certain period (i.e., lump-sum services), the delivery date is considered the last day of the period for which the lump-sum services are provided.
5.5. The Contracting Parties agree that the invoice will be sent to the recipient preferably inelectronic form, which is, in accordance with § 71(1) of Act No. 222/2004 Coll. on VAT, a tax document. The electronic invoice does not need to contain a guaranteed electronic signature. The electronic invoice will be delivered to the recipient’s email address provided in writing in advance by the recipient. The recipient consents to receiving electronic invoices. The electronic invoice is considered delivered on the day it is sent by the provider. The recipient undertakes to inform the provider of any changes that affect the sending of electronic invoices, especially changes to thecontact email for sending electronic invoices. The recipient confirms exclusive access to the contact email for receiving electronic invoices and the provider is not liable for any informationleaks from this email. The provider is not liable for damage or data incompleteness caused by internet delivery failures, poor internet connection of the recipient, or any inability to access theinternet. The recipient may revoke consent for electronic invoice sending by written noticedelivered to the provider. The revocation becomes effective after the calendar quarter followingthe quarter in which the revocation was delivered.
5.6. The provider is entitled to require an advance payment from the recipient, up to the extent of the ordered service price under the Agreement. If the services are provided on a lump-sum basis, the provider is entitled to require the recipient to deposit a security up to the amount of the remuneration due for the provision of services during the agreed termination notice period of the Agreement; this security shall be settled after the termination of the Agreement. The security may be used to cover the remuneration for services if the recipient delays payment by more than 15 days. If the parties agree on advance payment or security deposit, the provider is not obliged to start service provision until full payment of the advance or deposit is made.
5.7. If the recipient delays payment of remuneration, they are obliged to pay a contractual penalty of 0.5% of the overdue amount for each day of delay. If payment is delayed by more than 30 daysafter the due date, it is considered a material breach of the Agreement, and the provider is entitled to suspend service provision under the Agreement, informing the recipient of such suspension. Such suspension shall not be considered a breach of the Agreement, and the recipient shall not claim any compensation or price reduction related to the suspension. The provider is also entitled to terminate the Agreement with immediate effect in such a case.
5.8. The Contracting Parties agree that remuneration does not include costs incurred by the provider related to the proper provision of services (hereinafter “out-of-pocket expenses”), including but not limited to administrative or court fees, notarial fees, fees for officially certified translations or copies of documents requested by the recipient, travel expenses for business trips outside the provider’s registered office for service provision purposes (e.g., client meetings, participation in tax proceedings). These out-of-pocket expenses will be billed separately beyondthe agreed remuneration. The provider is obliged to prove these expenses upon request of the recipient.
5.9. The Contracting Parties agree that if a flat-rate remuneration is agreed for the services for the relevant period, the provider is entitled to this remuneration regardless of the actual extent of services provided during that period.
6. Rights and Obligations of the Provider
6.1. The Provider commits to performing the agreed services for the Recipient properly and on time, in accordance with applicable legal regulations and with professional care. The Provider must follow the Recipient’s instructions only within the limits of generally binding legal regulations. The Provider is entitled to refuse to execute any instruction from the Recipient that conflicts with legal regulations and must inform the Recipient of this conflict and the refusal to execute the instruction. The Provider is not liable for damages to the Recipient resulting from this procedure.
6.2. The Provider must inform the Recipient of any circumstances discovered during service provision under the Agreement that may affect changes to the Recipient’s instructions. The Provider may deviate from the Recipient’s instructions without consent only if necessary to avert imminent damage or if the Provider finds that following the instructions would breach the law and obtaining consent in time is impossible.
6.3. The Provider shall ensure that services are purposeful and economical.
6.4. The Provider is entitled, in the interest of acting with professional care, to perform an act/service for the Recipient whose necessity is established even if it was not separately agreed or ordered, with the right to appropriate remuneration. This right exists only if the Provider was unable to obtain prior consent from the Recipient despite reasonable effort and the execution cannot be postponed or its non-performance could cause damage to the Recipient.
6.5. The Provider is responsible only for accurately posting and recording accounting documents received from the Recipient. The Provider is not responsible for the accuracy, completeness, legality, or truthfulness of the content and form of documents or information from the Recipient, who bears full responsibility for these.
6.6. If the Provider identifies formal deficiencies in submitted accounting and/or tax documents, understood as incomplete statutory requirements, the Provider will notify the Recipient and request correction. If additional costs arise for the Provider due to corrections, the Provider has the right to reimbursement from the Recipient, including overtime costs (e.g., reworking, changing, correcting documents) related to processing corrected documents. This claim does not affect the right to remuneration for services, including those based on originally faulty documents. Unless agreed otherwise, the Provider is entitled to charge €70 per hour for overtime work.
6.7. For avoidance of doubt, the Provider is not obliged to examine the substantive or formal accuracy, completeness, or truthfulness of documents provided by the Recipient but reserves the right to do so.
6.8. The Provider is not liable for any consequences arising from deficiencies in accounting or tax documents submitted by the Recipient. If deficiencies are found, the Provider will notify the Recipient. If the Recipient insists on booking or recording the documents in their original form despite the notice and does not correct or supplement the documents, the Provider is not liable for damages arising herefrom.
6.9. The Provider is entitled to entrust services under the Agreement to a third party (subcontractor) without prior consent of the Recipient and without limitation. The Provider remains liable to the Recipient for services performed by subcontractors as if performed by the Provider.
6.10. The Contracting Parties agree that if the Recipient delays payment of any monetary claim of the Provider, the Provider is entitled to withhold documentation (processed accounts) in the appropriate form or other deliverables that were the subject and output of service provision under the Agreement until all due claims are fully settled. This right does not extend to documents provided by the Recipient for performing the Agreement.
6.11. The Provider agrees that the Recipient may mention the full name of the Provider as its service supplier in presentations, advertising, negotiations, and documentation related to the Agreement.
7. Rights and Obligations of the Client
7.1. The Client is obliged to provide the Service Provider with all necessary cooperation for the proper, timely, and effective provision of services. If the Client fails to provide the required cooperation, the Service Provider shall not be deemed in default of its obligations when the performance of those obligations depends entirely or partially on the cooperation provided (e.g., delivery of materials, provision of information and data for processing, etc.). Failure to provide the required cooperation despite a written request by the Service Provider shall be considered a material breach of the Agreement.
7.2. The Client undertakes to submit to the Service Provider only truthful, accurate, and complete information and documents that form the basis for the Service Provider’s services and for the fulfilment of the Service Provider’s obligations. In connection with accounting services, the Client is obliged to provide only those documents that contain all formal requirements of accounting and tax records, comply with legal regulations, and are truthful, authentic, accurate, and reflective of actual business and accounting transactions and performances. The Client is responsible for the substantive content and the temporal relevance of accounting/tax documents. The Service Provider shall not be liable for any damage suffered by the Client due to the provision of false, unlawful, incomplete, late, or incorrect information and documents for the provision of services, nor for the correctness of its own services and outputs if they were caused by a breach of any of the Client’s obligations under this paragraph. The Client shall be liable for any substantive and content defects in actions and documents prepared by the Service Provider based on materials for whose preparation the Service Provider did not participate, to the extent that the legal and substantive errors of those materials affected the performance of the Service Provider’s services. A breach of any obligation under this paragraph shall be deemed a material breach of the Agreement.
7.3. The Client declares that it will submit to the Service Provider exclusively documents and information that:
a) are truthful, accurate, and complete;
b) meet all requirements under the applicable legal regulations, if established;
c) are authentic and reflect actual business and accounting transactions and performances.
7.4. The Client declares that, upon request of the Service Provider, it will submit only complete, accurate, and truthful data regarding the ultimate beneficial owners of the Client’s benefits, data necessary for the fulfilment of the Service Provider’s obligations as a obliged person under Act No. 297/2008 Coll. on Protection against Money Laundering and on Protection against Financing of Terrorism and on Amendment and Supplementation of Certain Acts (the “AML Act”).
7.5. The Client declares that it will not conceal any fact from the Service Provider that could affect the proper provision of the service by the Service Provider (e.g., correct accounting of a document, correct calculation of tax liability, etc.).
7.6. If any declaration made in paragraphs 7.3 to 7.5 of this Article proves to be untrue, it shall be deemed a material breach of the Agreement.
7.7. The Client undertakes to submit all materials for the provision of services properly and within the agreed deadlines. Unless the contracting parties agree otherwise for specific cases, the Client shall deliver the materials no later than the following deadlines:
a) for the preparation of the income tax return, no later than 15 February of the year following the calendar year for which the return is prepared; if the Client requests a postponement of the filing of the tax return, the Client must submit all materials no later than 30 April of the year following the calendar year for which the return is prepared;
b) for the preparation of the VAT return and related statements, no later than 15 business days before the last day of the deadline for filing the applicable tax return or statement applicable to the Client;
c) for the processing of the Client’s payroll, no later than 5 business days before the payroll date set by the Client as employer—if the payroll date is not communicated, it shall be deemed the last day of the month following the month for which the payroll is calculated;
d) in cases not covered by items a) to c) and unless otherwise specified in the Agreement, the Client is obliged to provide the materials for the service no later than 10 business days before the agreed or expected service delivery date. If such deadline falls on a Saturday, Sunday, or public holiday in the Slovak Republic, the Client shall deliver the materials on the preceding working day.
7.8. If the Client fails to deliver all materials within the agreed deadlines, this constitutes delay on the Client’s part and insufficient cooperation in the performance of the Agreement, and the Service Provider does not guarantee timely delivery of the agreed service. The Service Provider shall not be deemed in default of its obligations, and service deadlines shall be extended by the period of the Client’s delay in delivering the materials. The Service Provider shall not be liable for damages caused by the delayed provision of services. In case of delayed delivery of materials, the Service Provider is entitled to refuse to perform the service.
7.9. The contracting parties agree that the Client shall deliver the materials for the provision of services to the Service Provider or its authorized person in electronic form or in paper form, unless otherwise agreed for a specific case. The Client is obliged to deliver materials under this provision on business days, between 11:00 and 14:00, except for materials that may be sent electronically and processed by the Service Provider. If the materials prepared by the Service Provider in connection with accounting and/or payroll processing, which are addressed primarily to the tax office, other public authority, Social Insurance Agency, and/or relevant health insurance company, are not sent electronically by the Service Provider, the Client must collect these materials (including payroll documents) for signature and submission at the pre-agreed location. The Client must act so as to ensure compliance with all deadlines for delivering, sending, and paying these materials. If the Client fails to collect the documents at the agreed time, they shall be deemed delivered on the date originally agreed for collection. The contracting parties agree that the place of physical handover of these documents between the Client and the Service Provider shall be the Service Provider’s registered office, unless otherwise agreed for a specific case.
7.10. The Client is fully responsible for fulfilling all its notification and registration obligations within the statutory deadlines, except in cases where the Service Provider has been expressly entrusted with performing any of these obligations. The Client must inform the Service Provider in writing in advance if any service, or part thereof (in terms of outputs prepared, records, documentation, etc.), is required by law or internal company procedures to be maintained in a specific form; otherwise, the Service Provider shall not be liable for damage caused by providing services in a form other than the prescribed specific form.
7.11. The Client is not entitled to unilaterally assign or set off its claims against the Service Provider under the Agreement to a third party without the prior written consent of the Service Provider.
7.12. The Client grants the Service Provider consent to use, for its presentation, marketing activities, and advertising, as a reference the Client’s name (business name or other name) and registered office (the “Basic Information”) and its logo, as well as the type of services the Client provides, always in relation to the services the Service Provider provides or has provided to the Client under the Agreement (the “Reference”). The Client also agrees to the publication of the Basic Information and its logo on the web via mass communication media, such as press, TV, web, newspapers, and other promotional and presentation materials in print or electronic form. The Client provides this consent and the right to use the Basic Information and the Client’s logo for the purpose of the Reference free of any remuneration or compensation, even if the Client’s logo is or in the future will be protected by intellectual property rights. This consent is granted to the Service Provider for the duration of the Agreement and for 5 years after its termination, but always for the purposes set out in this paragraph.
7.13. The Client agrees that the Service Provider may send it commercial notices, informational materials, and news concerning the Service Provider and its service offerings in which the Service Provider is directly or indirectly involved, as well as information on news in the field of accounting, payroll, and human resources. The Client has the right to withdraw this consent at any time in writing.
8. Duration of the Contract
8.1. The Agreement is concluded for an indefinite period, unless otherwise specifically agreed. The Agreement may be terminated in writing by withdrawal, by mutual agreement of the Contracting Parties, or by notice of termination.
8.2. Each Contracting Party may withdraw from the Agreement only for the reasons stipulated in these Terms and Conditions, in the Agreement, or by law.
8.3. The Service Provider is entitled to withdraw from the Agreement also in the event that:
a) the Client materially breaches the obligations set out in these Terms and Conditions and/or applicable generally binding legal regulations;
b) any representation made by the Client in these Terms and Conditions or in the Agreement proves to be untrue, incomplete, or incorrect;
c) the Client repeatedly (more than twice) breaches, despite warning by the Service Provider, any obligation arising for it under law, under the Agreement, or under these Terms and Conditions;
d) given the Client’s financial situation or conduct, the Service Provider has a justified concern that the Client will not properly and timely fulfil its obligations under the Agreement;
e) bankruptcy is declared on the Client’s assets or a petition for bankruptcy is filed, or restructuring proceedings are initiated or approved, or any other insolvency proceeding is conducted against it, or enforcement proceedings are initiated against it, or it enters liquidation;
f) the Service Provider learns that the Client is insolvent (within the meaning of Act No. 7/2005 Coll.).
8.4. The effects of withdrawal from the Agreement by the Service Provider occur on the day the written notice of withdrawal is delivered to the Client.
8.5. The Client is entitled to withdraw from the Agreement if the Service Provider materially breaches its obligations under these Terms and Conditions or the Agreement and/or applicable generally binding legal regulations despite a written warning from the Client.
8.6. The effects of withdrawal from the Agreement by the Client occur on the last day of the month following the month in which the written notice of withdrawal was delivered to the Service Provider. In the event of withdrawal, the Service Provider is entitled to payment for services rendered and reimbursement of verifiable costs incurred in preparing to perform the remaining part of the agreed services.
8.7. Each Contracting Party is entitled to terminate the Agreement without stating a reason with two months’ notice, provided that the notice period begins on the first day of the calendar month following delivery of the notice of termination to the other Contracting Party.
8.8. The Contracting Parties agree that termination of the Agreement does not affect the provisions of the Agreement concerning claims arising before termination, liability for damages, and contractual penalties arising before termination, nor other provisions and obligations of the Agreement that are to survive its expiration, in particular provisions relating to confidentiality and protection of confidential information and personal data. The Client is obliged to pay for services provided before termination properly and on time based on the Service Provider’s invoice.
8.9. In the event of termination of the Agreement, the Service Provider is obliged to hand over to the Client all documents and accounting records prepared in connection with the provision of services within the agreed timeframe, or otherwise within 30 days from the date of the Client’s written request, except as provided in Article 6, paragraph 6.10 of these Terms and Conditions. The Contracting Parties agree that the Service Provider is obliged to hand over to the Client the outputs of the provided services in electronic form only if expressly agreed in advance by the Contracting Parties. For the avoidance of doubt, unless otherwise expressly agreed, the Service Provider is not obliged to deliver to the Client the outputs of provided services in the form of a processed database.
9. Special Provisions
9.1. If so agreed by the Contracting Parties in the Agreement or in the service order, the Service Provider shall also perform the storage of documents and outputs of the provided services for the Client (i.e., accounting documents and processed accounts, payroll or personnel records, etc.) (hereinafter “Documents”), and this contractual relationship shall be governed mutatis mutandis by the provisions of Sections 527 et seq. of the Commercial Code on a storage contract. The fee for storing Documents shall be separately agreed in the Agreement or service order. If the Contracting Parties agree on storage without charge, the contract shall be deemed concluded under Section 269(2) of the Commercial Code and governed mutatis mutandis by Sections 527 et seq. of the Commercial Code. If no fee or gratuity is expressly agreed, the Service Provider is entitled to the customary fee. Storage of the Documents shall be effected by their delivery by the Client to the Service Provider for the purposes of providing services under the Agreement and their subsequent retention in the Provider’s care. The Contracting Parties agree that the Service Provider does not issue a special certificate of storage. The burden of proof as to the scope of Documents delivered for storage with the Provider lies with the Client, who must demonstrate that the Documents were delivered.
9.2. Unless otherwise expressly agreed, the Service Provider and the Client agree to the following standard conditions for care of the entrusted Documents:
a) the Service Provider is not obliged to insure the stored items;
b) storage is performed at the risk and responsibility of the Client, the Provider being only obliged to provide storage in the pre-agreed premises (hereinafter “Storage Premises”);
c) the Client does not require any special security of the Storage Premises; for the avoidance of doubt, the Storage Premises need not be equipped with a security system (e.g., safe, cameras, security guard, alarm, security doors) and storage in lockable premises not freely accessible to the public is sufficient; no special fire protection or protection against natural hazards is required;
d) any transport of stored Documents shall be carried out by ordinary means of transport without special security measures; physical supervision by an authorized person suffices;
e) The Provider sets the basic retention period for Documents at 5 years from their creation or last update, unless a special legal regulation prescribes a longer period.
9.3. The Service Provider shall be liable only for damage caused by its own intentional fault or gross negligence (e.g., failure to lock the Storage Premises, leaving Documents accessible to unauthorized third parties). In case of doubt as to whether gross negligence occurred, it shall be presumed that there was no gross negligence.
9.4. In case of storage of Documents, the Service Provider is entitled to call on the Client at any time to collect the Documents, which the Client must pick up at the Storage Premises no later than 15 days from the request. In case of delay by the Client in collecting the Documents, the Service Provider is entitled to a contractual penalty of EUR 10 for each day of delay.
9.5. If so agreed by the Contracting Parties in the Agreement or in the service order, the Service Provider shall also represent the Client in legal acts and perform certain activities. For this purpose, the Client shall grant the Provider a corresponding written power of attorney specifying precisely the scope of acts and activities to be performed. Representation of the Client under this paragraph shall be governed mutatis mutandis by Sections 566 et seq. of the Commercial Code. The fee for these activities shall be separately agreed in the Agreement or service order. If no fee is expressly agreed, the Provider is entitled to the customary fee. The Provider may terminate the power of attorney and mandate relationship at any time by notice, effective upon delivery to the Client. Any out-of-pocket expenses incurred by the Provider in connection with these activities are not included in the agreed remuneration.
9.6. The Client acknowledges that the electronic records created by the Service Provider in the course of providing accounting services may constitute the Provider’s copyrighted database under Section 130 of Act No. 185/2015 Coll. (the Copyright Act). The structure of such a database is part of the Provider’s trade secrets and belongs to the Provider. The provision of this database is not part of the services under the Agreement and is not subject to delivery to the Client. Only the outputs from such database, in the form of processed accounting statements in accordance with applicable legal regulations, are deliverables, unless otherwise expressly agreed in writing by the Contracting Parties.
10. Confidentiality of Information
10.1. The Contracting Parties undertake that, in order to prevent possible economic damage and the undesirable disclosure of written or oral information obtained in the performance of activities under these Terms and Conditions, they will maintain confidentiality, as expressly agreed.
10.2. The subject of the Contracting Parties’ agreement under this Article of these Terms and Conditions is the protection of Confidential Information.
10.3. A Contracting Party must handle Confidential Information with due care and in good faith, must not disclose such Confidential Information to any third party, nor use it contrary to the purpose for which it was provided, nor exploit it for its own benefit and/or the benefit of third parties.
10.4. In performing their activities, the Contracting Parties are obliged to adopt measures to ensure informational (technical), personnel, and organizational security in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), and Act No. 18/2018 Coll. on the Protection of Personal Data, as amended. In particular, they must maintain confidentiality of all personal data they encounter in negotiating, concluding, or performing this Agreement and process such data exclusively for the purposes of performing this Agreement.
10.5. The obligation to maintain confidentiality of Confidential Information does not apply to:
a) information that is already publicly known on the date of signing this Agreement or that can be obtained from publicly available sources at that date;
b) information that becomes publicly known after the date of signing this Agreement or that can be obtained from publicly available sources after that date;
c) cases where, pursuant to generally binding legal regulations or by a procedure imposed by such regulations, a Contracting Party must disclose Confidential Information; in such cases, the affected Party must notify the other Party without undue delay of its obligation to disclose Confidential Information and the scope thereof;
d) use of necessary Confidential Information in court, arbitration, administrative, or other proceedings conducted for the purpose of asserting rights under this Agreement.
10.6. The Contracting Parties undertake that, without the prior written consent of the other Party, they will not use Confidential Information for themselves and/or third parties, will not provide it to third parties, nor permit third parties to access Confidential Information. For the purposes of this Article, members of the Parties’ bodies, auditors, legal or tax advisers of the Parties, or other service providers are not considered third parties if disclosure of such information is necessary for the provision of services, provided they are bound by a duty of confidentiality under law or contract. Nor is a person through whom the Service Provider secures services under this Agreement in accordance with Article 6(6.9) of these Terms and Conditions considered a third party.
10.7. The Service Provider undertakes to entrust the performance of the contract only to persons who have been duly instructed on the duty to maintain confidentiality under applicable regulations and this Agreement.
10.8. The Service Provider further undertakes to handle Confidential Information securely, ensuring its adequate protection against any loss, theft, destruction, unauthorized access, accidental or other damage, or other unauthorized use or processing. In the event of loss, theft, destruction, or unauthorized access to Confidential Information, the Service Provider must notify the Client in writing without undue delay. This obligation of confidentiality continues after termination of the Agreement indefinitely.
11. Liability for Damage and Liability for Defects
11.1. The Client acknowledges that the Service Provider shall not be liable for damage incurred by the Client in connection with the Agreement:
a) where the Client deviated from the procedure proposed by the Service Provider;
b) resulting directly or indirectly from the provision of incorrect, untruthful, delayed, or incomplete information and/or materials and/or concealment of facts by the Client;
c) where the Client was warned by the Service Provider of the risks arising from possible differing interpretations of legal regulations by the tax authority, a court, or another competent body, and the Client nevertheless acted in a manner identified by the Provider as risky;
d) where the damage arose due to changes in legal regulations or changes in their generally accepted interpretation that took effect after the advisory service was provided.
11.2. Each Contracting Party undertakes to compensate the other Party for damage arising from failure to perform or breach of obligations under the Agreement. The Parties further agree that if, in connection with the performance of obligations under the Agreement, the Service Provider breaches its legal (contractual or statutory) duty, the Service Provider shall be liable to the Client only for actual damage, excluding indirect damages, consequential losses, and loss of profit, and the maximum liability for all damages claimed by the Client, even if multiple damages arise, shall not exceed EUR 5,000 in aggregate. The Parties agree that this limitation of liability also fully applies to any damage caused to the Client in performing activities under Article 9(9.1–9.5) of these Terms and Conditions.
11.3. Penalties, fines, or other damages incurred by the Client as a result of providing incorrect, untruthful, delayed, or incomplete information and/or documents and/or concealment of facts to the Service Provider shall be borne in full by the Client, and the Service Provider shall not bear any liability for such damages.
11.4. The Service Provider shall not be liable for damage caused by the use of materials received from the Client where the Service Provider warned of their unsuitability and the Client insisted on their use.
11.5. For the purposes of these Terms and Conditions, circumstances excluding liability shall be governed by Section 374 of the Commercial Code. Circumstances excluding the Service Provider’s liability for delay or failure to perform obligations under the Agreement or confirmed order shall include in particular: work stoppages ordered by the Client’s responsible representative for which the Service Provider is not responsible; force majeure, including natural disasters, fires, floods, explosions, riots, wars, governmental or military interventions, terrorist attacks, acts or omissions of authorities or third parties not caused by the Provider or the Client, strikes, lockouts, interruption of electricity supply, internet outage, malfunction of programs and/or software used in providing services (in particular the public administration electronic portal, the financial administration electronic portal or another relevant institution’s electronic communication network), failure of an electronic mailbox, etc. In the event of force majeure, deadlines under the Agreement shall be extended by the duration of the force majeure event. If force majeure continues for more than six calendar months, either Party may withdraw from the Agreement.
11.6. The Contracting Parties undertake to use their best efforts to avert and overcome circumstances excluding liability.
11.7. The Parties agree that if, as a result of incorrect service provision, there is a risk of damage to the Client, the Client shall first perform all actions aimed at preventing the damage or minimizing it. If the Client could have fully or partially prevented the damage by taking such actions and fails to do so, the Client shall have no claim for compensation to the extent that it could have prevented the damage, even if the damage was caused by the Service Provider.
11.8. The Client shall have the right to remedy defects resulting from breach of the Service Provider’s contractual obligations. Any defect in the provided services must be notified by the Client to the Service Provider no later than 10 days from becoming aware of the defect, but in any event no later than 6 months from the date the service was provided; otherwise, the right to remedy the defect under the warranty claim shall lapse.
12. Protection of Personal Data
12.1. The Contracting Parties acknowledge and agree that, within the contractual relationship established by the Agreement, the Service Provider is a Processor under Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (“GDPR”), and the Client is the Controller under Article 4(7) of the GDPR. Further conditions for personal data processing shall be laid down in a separate contract concluded in accordance with Article 28(3) of the GDPR.
12.2. The Service Provider is authorised to process personal data on behalf of the Client as Processor from the effective date of the Agreement. The Client and the Service Provider agree that Article 12 of these Terms and Conditions fully replaces the contract as per Sections 34 et seq. of Act No 18/2018 Coll. on the Protection of Personal Data and on Amendments to Certain Acts (the “Personal Data Protection Act”).
12.3. This Article governs the Client’s instructions to the Service Provider in the personal data processing process.
12.4. Upon termination of the purpose of personal data processing, and at the latest before expiry of the Agreement, the Service Provider shall promptly return to the Client all personal data and related documents stored in its information system that were provided by the Client or the data subjects, in a readable electronic form if available. Documents containing personal data sent via e-mail shall be encrypted (ZIP or PDF) with a password meeting the security policy requirements. If return is not possible, the Service Provider shall immediately destroy the personal data. After termination of the processing purpose, the Client shall ensure the secure storage and protection of personal data in accordance with applicable law.
12.5. Personal data processing shall be carried out by automated and non-automated means.
12.6. The purpose of personal data processing, the name of the information system, and the list or scope of personal data to be processed are specified in Annex 1 to these Terms and Conditions.
12.7. For the purposes of this Article, data subjects are primarily natural persons—customers (clients) and employees of the Client.
12.8. Obligations and Rights of the Client
a) The Client shall provide all cooperation necessary to fulfil this Article.
b) The Client has the right to request from the Service Provider regular reports on the state of protection of processed personal data, and the Service Provider shall provide them without undue delay.
c) If the Client entrusted personal data processing to the Service Provider only after collecting personal data, the Client must notify the data subjects of this fact at first contact, and no later than three months after the Service Provider was entrusted. This also applies if a legal successor of the Client under Section 69 of the Commercial Code takes over the processing.
12.9. Obligations of the Service Provider
a) Process personal data only on the Client’s documented instructions.
b) Ensure that persons authorised to process personal data (e.g., the Service Provider’s employees) are bound by confidentiality.
c) Implement measures under Section 39 of the Personal Data Protection Act relating to processing security.
d) Provide technical and organisational assistance to the Client to enable fulfilment of the Client’s obligations under requests by data subjects.
e) Return personal data to the Client upon termination of services related to personal data processing.
f) Erase copies of personal data at the Client’s instruction.
g) Provide the Client with information and assistance for audits and inspections by the Client or its appointed auditor.
h) Inform the Client without undue delay if it believes that an instruction infringes the GDPR, the Personal Data Protection Act, another special law, or an international treaty binding on Slovakia.
i) Notify the Client without undue delay of any personal data breach.
j) At first contact with a data subject, inform them that their data are processed on the Client’s behalf for a specified purpose.
k) Not share the Client’s personal data with third parties except as required for tax filings or by law.
l) Ensure technical and organisational measures, including EU-based servers, TLS 1.2+ for data transmission, AES-256 encryption for data storage, and perform regular security audits as needed.
m) Retain personal data processed via electronic services (“E-forms”) for five years from the Client’s last activity.
12.10. Conditions for Personal Data Processing
a) The Service Provider shall ensure GDPR compliance and implement appropriate technical and organisational measures for processing and disclosure to authorities as required by law.
b) The Service Provider shall protect data confidentiality, integrity, and availability in accordance with the GDPR, the Personal Data Protection Act, and relevant security measures.
12.11. Permitted Operations on Personal Data
a) The Service Provider may perform operations or sets of operations on personal data in the information systems listed in Annex 1, including collection, recording, organising, structuring, alteration, retrieval, consultation, use, disclosure, combination, storage, deletion, and other lawful operations, as permitted by law and these Terms and Conditions.
b) The Service Provider may obtain and process personal data from the persons listed in Annex 1 only to the extent necessary to provide the services.
c) The Service Provider shall not use or aggregate personal data for any purposes other than those specified in Annex 1.
d) The Service Provider shall implement technical, organisational, and personnel measures proportionate to the processing risk, taking into account confidentiality, data importance, and potential system risks.
e) The Service Provider and its employees shall maintain confidentiality of personal data encountered in the course of service and shall remain bound by confidentiality after termination of their assignment.
f) The Service Provider warrants that it will not process personal data in a manner contrary to the data subject’s legitimate interests and will not infringe their rights or privacy.
g) The Service Provider shall ensure that any persons it instructs on personal data processing are informed of their rights and obligations before being given access to the data.
h) The Service Provider shall process personal data in accordance with good morals and in compliance with all applicable laws.
12.12. Processing of Personal Data via Electronic Services (“E-forms”) and Contact Forms
a) The Service Provider processes personal, financial, and contact data entered by the Client through the web application in compliance with the GDPR and applicable law.
b) Data processed via E-forms are used exclusively for preparing and filing tax returns and for customer communication.
c) Contact forms serve to communicate with the Client, and only minimally necessary data are collected.
d) Personal data shall not be shared with third parties except as required to file tax returns or as mandated by law.
e) Data are stored on EU-based servers, transmitted via TLS 1.2+, and encrypted at rest with AES-256.
f) Personal data processed via E-forms and contact forms are retained for five years from the Client’s last activity.
g) The Client may request access to their data upon identity verification; if no data exist, the Client will be informed accordingly.
12.13. Processing of Cookies and Similar Technologies
a) The Service Provider uses cookies and similar technologies on its website to ensure functionality, improve user experience, and analyse traffic.
b) Cookies are small text files stored on the user’s device during website visits, enabling the site to recognise the device on subsequent visits.
c) The Service Provider uses the following cookie categories:
Essential cookies: required for basic website operation (login, security). Retention: session-end or up to 12 months.
Functional cookies: remember user settings (language, region). Retention: up to 12 months.
Analytical cookies: anonymous traffic analysis. Retention: up to 24 months.
Marketing cookies: cross-site tracking for targeted advertising. Retention: up to 12 months.
d) Users may choose which cookie categories (except essential) to allow via the cookie banner on first visit.
e) Users can change cookie settings or withdraw consent at any time via the cookie banner or browser settings.
f) Declining cookies may limit website functionality.
g) Third-party cookies may include Google Analytics, Google Tag Manager, Google Ads (including Conversions and Remarketing), Google Maps, Google Fonts, Facebook Pixel, Stripe, reCAPTCHA v3, and Polylang.
h) Users may delete cookies at any time via browser settings; deletion instructions are available from browser vendors.
i) A detailed list of all cookies, their purpose, and retention periods is available in the cookie banner settings on the Service Provider’s website.
j) The cookie and similar technology consent management is handled by “Real Cookie Banner.” Details are available at the vendor’s data-processing page. The legal basis for processing personal data in this context is Article 6(1)(c) GDPR (legal obligation) and Article 6(1)(f) GDPR (legitimate interest). The legitimate interest is managing cookies and related consents. Providing personal data is not contractually required to conclude the Agreement. If personal data are not provided, consent management cannot be performed.
13. Delivery
13.1. Unless otherwise specified in this Agreement, all notifications, declarations, requests, summons, and other actions related to this Agreement and its performance (hereinafter “Document”) must be made in writing and delivered to the address of the other Contracting Party set forth in the Agreement or service order, or to another address designated by that Party for this purpose. For delivery by electronic means, Documents shall be sent to the email address specified in the Agreement or service order, or to another address designated for this purpose. A Party that changes its address or email address for delivery of Documents must notify the other Party in writing within three days of the change. Until such notification is made, the other Party may validly deliver to the last known postal address, last known contact, or email address provided in the Agreement or service order.
13.2. A Document shall be deemed delivered under the following conditions:
a) In the case of personal delivery, upon handing the Document to an authorized person or other person authorized to receive Documents on behalf of the Party and signing by that person on the delivery receipt and/or a copy of the delivered Document, or by refusal to accept the Document by such person; or, if sent by e-mail, on the date of demonstrable dispatch to the designated email address.
b) If delivered by postal service, upon acceptance of the shipment by a person authorized to receive deliveries on behalf of the Party as addressee; if the addressee does not accept the shipment for any reason (address unknown, failure to collect within the pickup period, relocation, etc.), the shipment shall be deemed delivered on the date of the first, even unsuccessful, delivery attempt, even if the addressee did not become aware of the delivery (placement at the postal office). If the addressee refuses to accept the shipment, it shall be deemed delivered on the date of refusal.
13.3. For electronic delivery of Documents addressed to the Client, if the Service Provider does not receive an error message indicating nondelivery to the Client’s email address, the Document is deemed delivered on the day following the date of demonstrable dispatch to the Client’s email address, even if the Client did not become aware of it.
13.4. For electronic delivery of Documents addressed to the Service Provider, a Document is considered undelivered until the Service Provider confirms receipt to the Client by return email or by sending a read receipt.
14. Final Provisions
14.1. The Parties undertake to seek an amicable resolution of any disputes arising from their commercial and contractual relations, and to make reasonable efforts to resolve such disputes out of court.
14.2. The Parties agree that all disputes arising from the legal relationships under this Agreement and/or related to this Agreement, including ancillary claims for unjust enrichment, damages, and disputes concerning the validity, interpretation, or termination of this Agreement, shall be resolved as follows:
a) Before an arbitrator or arbitral tribunal pursuant to the procedure set out in Section 8(1) of the Act on Arbitration Proceedings (“ZoRK”). Proceedings shall be in writing under Slovak law, in accordance with the Rules of the Arbitral Court (where an arbitral tribunal is constituted) or the Procedural Rules (where a sole arbitrator is appointed), and in commercial disputes according to the principles of fairness (§ 31(4) ZoRK). Where Section 22a ZoRK applies, the statement of claim need not be served on the opposing Party. The arbitral award shall be final, binding, and enforceable. The requirement of a written arbitration agreement is met even if the arbitration clause is contained in the Parties’ mutual written communications or concluded by electronic means capable of capturing the content of the legal act and the identity of the signatory.
b) Before the materially and locally competent general court in the Slovak Republic. If, under Act No. 97/1963 Coll. on Private International Law and Procedure as amended, Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, or any other law or international treaty on judicial competence in cross-border disputes, a Slovak court would not have jurisdiction, the District Court territorially competent for the Service Provider’s registered office shall have jurisdiction. The Parties agree that if the Claimant brings a claim on this Agreement in a general court forum, that act shall constitute a resolutive condition of the arbitration clause in paragraph a), except where the claim was first submitted to arbitration in accordance with the internal rules of the arbitrator or arbitral tribunal.
14.3. Where these Terms and Conditions require a written form for a given act, such requirement shall also be deemed satisfied if the act is made in electronic form, provided that the conditions for electronic delivery under Article 13 are met.
14.4. The Service Provider undertakes to replace without delay any provision of these Terms and Conditions that is or becomes invalid, unlawful, or ineffective with a new provision that approximates the meaning and economic purpose of the replaced provision to the greatest extent possible. The invalidity, unlawfulness, or ineffectiveness of any provision or part thereof shall not affect the validity of the remaining provisions or parts, which shall be construed as if the invalid, unlawful, or ineffective provision had never been included.
14.5. The Service Provider reserves the right to unilaterally amend these Terms and Conditions. The Service Provider shall notify the Client of any amendments and publish the revised text on the Service Provider’s website. Amendments shall take effect on the date of their publication on the Service Provider’s website.
14.6. The Client declares that it has read and understood these Terms and Conditions in full, finds all provisions clear, accepts them in their entirety, and is bound by them.
14.7. These Terms and Conditions shall enter into force on October 15, 2025.