Complaints procedure

Article I – General Provisions

This Complaints Policy governs the procedure for lodging complaints regarding services offered and provided by WebHouse, s.r.o., with its registered office at Paulínska 20, 917 01 Trnava, Company ID: 36 743 852, registered in the Commercial Register of the District Court Trnava, Section: Sro, Insert No. 19692/T.
This Complaints Policy is binding on both the Provider and the User.
By means of this Complaints Policy, the Provider informs the User about the scope, conditions, and method of submitting a complaint, including information on where a complaint may be lodged.
This Complaints Policy is displayed in a visible place at the Provider’s registered office and is published on the Provider’s website.
By paying the price for the ordered Service, the User declares that they have been acquainted with this Complaints Policy.

Article II – Interpretation of Terms

The Provider shall mean the commercial company WebHouse, s.r.o., with its registered office at Paulínska 20, 917 01 Trnava, registered in the Commercial Register of the District Court Trnava, Section: Sro, Insert No. 19692/T, Company ID: 36 743 852 (hereinafter referred to as the “Provider”).
The User shall mean a natural or legal person who has concluded a contract for the provision of services with the Provider and who is entitled to exercise rights arising from liability for defects (hereinafter referred to as the “User”).
The Consumer shall mean a User (natural or legal person) who uses the provided services for personal use or for the use of members of their household.
The Service shall mean the services offered by the Provider, namely web hosting services, electronic mail services, second-level domain registration services, server housing, virtual servers, server rental, web design, and other related services according to the objects of business registered in the Commercial Register.
A Complaint shall mean the exercise of rights arising from liability for defects of the provided service.
Settlement of a Complaint shall mean the completion of the complaint procedure by removing the defect of the provided service, replacing the service with another one, refunding the price invoiced for the provided service, granting an appropriate discount from the price invoiced for the provided service, or a justified rejection of the complaint.

Article III – Liability for Defects

The Provider is responsible for ensuring that the service offered to the User meets the quality requirements corresponding to the nature of the offered service and the concluded contract.
The Provider is liable for defects of the offered service for the entire period during which the service is provided to the User.

Article IV – Lodging a Complaint

The User is entitled to lodge a complaint:
– regarding the quality of the provided service,
– regarding the correctness of the price charged for the provided service, if the User has reasonable doubts that the invoice for the Service was not issued in accordance with the contract and the Provider’s price list.
The User must lodge the complaint with the Provider without undue delay after discovering the defect in the provided service or the incorrectness of the charged amount, but no later than within 30 days; otherwise, the right to lodge a complaint shall lapse.
The User may lodge a complaint pursuant to point 1 of this Article:
a) in writing at the Provider’s address,
b) by e-mail to the Provider’s e-mail address,
c) in person at the Provider’s registered office.
Specific contact details of the Provider are published on its website.
When lodging a complaint, the User shall complete a complaint form published on the Provider’s website. In the complaint form, the User shall provide their identification and contact details (residential address, place of stay or registered office, telephone number, e-mail), clearly specify and describe the defect of the service and how it manifests itself, as well as define the time period during which, according to the User, the quality of the provided service was reduced. The User shall also state which claims arising from liability for defects they are exercising and how they request the settlement of the complaint to be delivered (personal collection, postal delivery), as well as any other required information. In the case of a complaint regarding the correctness of payment for the provided Service, the User must also specify the billing period to which the complaint relates.
The Provider shall not be liable for any incorrect information provided by the User in the lodged complaint or for the impossibility of delivering documents to the contact address provided by the User.
The User shall send the complaint form to the Provider by post to the Provider’s registered office address, by e-mail to the Provider’s e-mail address, or submit it in person at the Provider’s registered office.
Lodging a complaint regarding the correctness of the charged (invoiced) price for the provided service does not have a suspensive effect on payment, i.e. it does not relieve the User of the obligation to pay the invoice by its due date.
The Provider reserves the right not to acknowledge a complaint if the reduction in service quality was caused by:
a) circumstances excluding liability,
b) unprofessional or unauthorized interventions by the User into the Service settings or by other third parties whom the User allowed, knowingly or unknowingly, including through negligent conduct, to perform such intervention,
or
c) if the User lodged the complaint after the expiration of 30 days from the date the defect was discovered.
The day on which the complaint procedure begins shall be deemed to be the day on which the User lodged the complaint with the Provider, i.e. the day on which the written complaint is delivered to the Provider in accordance with point 7 of this Article. If the lodged complaint does not contain all required information pursuant to point 5 of this Article, the complaint procedure shall begin only on the day all required information is delivered. If the User fails to supplement the missing information even upon the Provider’s request, the complaint shall be considered unjustified.
If the Service complained about requires access passwords to the system, the User is obliged to provide the relevant passwords when lodging the complaint. If they fail to do so, the complaint procedure shall begin only on the day the access codes are delivered by the User.

Article V – Complaint Settlement

In the case of lodging a complaint in person, an employee of the Provider shall issue the User with a receipt protocol, which serves as confirmation of receipt (lodging) of the complaint.
When a complaint is lodged by post or e-mail, the Provider shall deliver a confirmation of receipt of the complaint to the User at the contact address or e-mail address provided; if immediate delivery is not possible, it must be delivered without undue delay, at the latest together with the document on the settlement of the complaint; the confirmation of lodging the complaint need not be delivered if the User can prove the lodging of the complaint in another manner.
The Provider shall investigate the lodged complaint without undue delay after it is lodged and shall decide on the method of settling the complaint. After determining the method of settlement, the complaint shall be settled immediately; in justified cases, the complaint may be settled later; however, the settlement of the complaint must not exceed 30 days from the date it was lodged.
After the expiration of the time limit for settling the complaint specified in point 3 of this Article, the User shall have the right to withdraw from the contract or the right to have the service replaced with another one.
The Provider shall issue the User with an outcome protocol on the settlement of the complaint no later than 30 days from the date the complaint was lodged, which serves as confirmation of the settlement of the complaint. Together with the delivery of the outcome protocol, the seller shall also fulfill its obligation arising from the complaint.
The Provider shall inform the User about the settlement of the complaint by sending an e-mail message together with the outcome and, if applicable, also the receipt protocol to the User’s e-mail address, if the User requested notification of the settlement by e-mail. If the User requests notification by post, the Provider shall send the outcome and, if applicable, also the receipt protocol to the User’s contact address provided in the complaint.
The Provider is obliged to keep records of complaints and present them for inspection to the supervisory authority upon request. The complaint records must contain information on the date of lodging the complaint, the date and method of settlement of the complaint, and the serial number of the document on lodging the complaint.

Article VI – Methods of Complaint Settlement

If a defect that can be remedied occurs in the provided service, the User has the right to its free, timely, and proper removal. The Provider is obliged to remove the defect without undue delay. The method of removing the defect shall be determined by the Provider.
The User has the right to withdraw from the concluded contract: – if the offered service has a defect that cannot be remedied and prevents the service from being properly used as a defect-free service, – if the defects are removable but the User cannot properly use the service due to repeated occurrence of the defect; repeated occurrence of a defect shall be deemed to occur if the same defect appears for the third time after at least two previous removals, – if the defects are removable but the User cannot properly use the service due to a greater number of defects; a greater number of defects shall be deemed to mean at least three different removable defects occurring simultaneously that prevent proper use of the service, – if the Provider fails to settle the complaint within the 30-day period (in such case, the defect shall be deemed non-removable).
In the cases referred to in point 2 of this Article, the Provider and the User may agree on settling the complaint by replacing the complained Service with another one.
If other non-removable defects occur in the offered service, the User has the right to an appropriate discount from the price of the service.

When settling a complaint by granting a discount from the invoiced price, consideration shall be given to the nature of the defect, its duration, and the possibility of further use of the service. The amount of the granted discount shall be determined by the Managing Director of the Provider.
The Provider shall settle the complaint and terminate the complaint procedure in one of the following ways: – removal of the defect of the provided service, – replacement of the service with another one upon prior agreement with the User, – refund of the price paid for the provided service (upon withdrawal from the contract), – payment of an appropriate discount from the price of the provided service, – justified rejection of the complaint.
In the event of acceptance of a complaint concerning the correctness of the charged amount, the Provider shall account for the duly complained price of the service in the next billing period, or in subsequent periods until the full duly complained amount is refunded, or shall agree with the buyer on an extension of the prepaid period of service provision. If the price was invoiced for a one-time provided service, the amount corresponding to the duly complained price shall be refunded to the buyer.

Article VII – Final Provisions

This Complaints Policy enters into force and effect on 1 July 2010.
The Provider reserves the right to amend this Complaints Policy without prior notice.
Supervision over compliance with the Provider’s obligations in matters of consumer protection under applicable legislation is carried out by the competent Slovak Trade Inspection.

In Trnava on 1 July 2010 WebHouse, s.r.o.
represented by Ing. Ivan Pekarovič, Managing Director