General Terms and Conditions of INTECHI GROUP s.r.o. for the provision of technical facility management services – mobile maintenance, inspections and checks, construction works, project documentation, digital management and smart technologies (hereinafter referred to as the “GTC”).
1.1 These General Terms and Conditions govern, within the meaning of Section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the rights and obligations of the contracting parties in the provision of technical facility management services, in particular mobile maintenance and servicing, inspections and checks of technical and fire safety equipment, construction works, the preparation of project documentation, digital facility management, the supply and operation of smart technologies and related services (hereinafter referred to as the “Services”), which are provided by:
INTECHI GROUP s.r.o., Company Registration Number: 17403871, VAT Number: CZ17403871, with its registered office at Rohanské nábřeží 678/23, 186 00 Prague 8 – Karlín, registered with the Municipal Court in Prague, file number C 371233 (hereinafter referred to as the “Provider”).
1.2 The other party to the contract is the person ordering the Services (hereinafter referred to as the ‘Client’). These General Terms and Conditions are intended for business entities, i.e. persons acting in the course of their business or other gainful activities, as well as for property managers and operators. The Provider provides services to consumers only on the basis of a separate agreement, and the consumer’s statutory rights remain unaffected.
1.3 The GTC form part of every contract, order or accepted quotation between the Provider and the Client (hereinafter referred to as the “Contract”). Any provisions of the Contract that differ from these GTC shall take precedence over these GTC. The Client’s terms and conditions of trade or purchase shall apply only if the Provider expressly accepts them in writing.
1.4 Communication between the parties takes place primarily electronically, either by email or via the Provider’s client portal (service.intechi.cz). The Provider’s contact email address is info@intechi.cz, and the telephone number is +420 735 861 612.
2.1 The subject matter of the Performance may include, in particular:
2.2 The exact scope, technical specifications, place of performance, deadlines and price are set out in the quotation, the order or the Contract. The description of services on the intechi.cz website is for information purposes only and does not constitute a public undertaking.
2.3 Changes to the scope of the Services may only be made by written agreement (an email confirmed by both parties is sufficient). Work beyond the agreed scope (additional work) which the Client commissions or approves shall be invoiced in accordance with the quotation, or otherwise in accordance with the Provider’s current price list. If, during the Performance, the Provider discovers circumstances requiring additional work (e.g. hidden defects in structures, installations or equipment), they shall notify the Client thereof and seek their instructions.
2.4 The Provider is entitled to engage a subcontractor to carry out the Services or part thereof. The Provider shall be liable for the subcontractor’s activities as if the Provider were carrying out the Services itself.
3.1 The Provider’s quotation is binding for the period specified therein, or otherwise for a period of 30 days from the date of issue. The quotation is based on the information provided by the Client and on an inspection of the place of performance, if such an inspection was carried out.
3.2 The Contract comes into effect upon the Client’s confirmation of the offer (by email, via the client portal or by signature), or upon both parties signing the Contract. A response from the Client containing an addition or deviation does not constitute acceptance of the offer unless the Provider expressly confirms it.
3.3 The Client submits individual requests within the framework of ongoing cooperation (e.g. service or framework agreements) via the client portal, by email or by telephone. The Provider accepts any request for emergency assistance submitted by telephone for immediate action; the Client shall subsequently confirm this by email or via the client portal.
4.1 Prices are quoted exclusive of value added tax (VAT), which the Provider shall add at the rate prescribed by law. Unless otherwise specified in the quotation, the price does not include administrative and local charges, landfill charges in excess of those for ordinary waste arising from the Provider’s activities, or the costs of obtaining any permits which the Client is obliged to secure.
4.2 The Provider is entitled to request an advance payment towards the price of the Services, in particular for materials, equipment and construction work, in the amount specified in the quotation or the Contract. The Provider is not obliged to commence the Services until such payment has been made.
4.3 The price of a one-off Service is invoiced upon its delivery; for larger contracts, invoicing may take place on an ongoing basis in accordance with the delivery of individual parts. Recurring services (maintenance, digital management, monitoring, service flat rates) are invoiced in advance for the agreed period, unless otherwise specified in the Contract. Call-outs, labour and materials exceeding the flat-rate allowance are invoiced retrospectively for the previous calendar month.
4.4 Call-outs and emergency interventions outside the Provider’s working hours (Monday to Friday, 8.00 am–5.00 pm), at weekends and on public holidays, are subject to surcharges in accordance with the Provider’s current price list, unless otherwise agreed.
4.5 The tax invoice is due for payment 14 calendar days from the date of issue, unless otherwise agreed. The Provider shall deliver the tax invoice to the Client within seven working days of its issue.
4.6 The tax document contains the details stipulated by the VAT Act and the Contract and is sent in electronic form in a non-editable format to the Client’s email address specified in the Contract; the subject line of the email states the tax document number. Depending on the nature of the Supply, the tax invoice shall include a handover report, a service or delivery note, or a list of work carried out. If the tax document does not contain the required details, the Client is entitled to return it for correction; the payment deadline shall be suspended and a new deadline shall commence upon delivery of the corrected document. Enquiries regarding invoicing: faktury@intechi.cz.
4.7 In the event of late payment, the Provider is entitled to charge interest on arrears at the rate laid down by law and, following prior notice, to suspend the provision of further Services, regular services and access to the client portal until payment has been made. The Provider is entitled to hand over audit reports and project documentation only after the price has been paid.
4.8 The provider may adjust the prices of regular services once a year by the rate of inflation published by the Czech Statistical Office, or by any demonstrable change in third-party costs (in particular materials and subcontracting), provided that at least 30 days’ notice is given.
5.1 The performance deadlines are set out in the Contract or in the quotation. Where they are stated as indicative, the Provider shall endeavour to meet them with due care, but any exceeding of such deadlines for reasons beyond the Provider’s control (e.g. delays in the supply of materials, adverse weather conditions affecting the works requiring them, insufficient cooperation from the Client), shall not constitute a breach of the Contract. Response times to requests and emergency call-outs shall apply only if expressly agreed.
5.2 The Provider shall carry out the Services with due care, in accordance with the legal provisions and technical standards applicable to the Services, and shall draw the Client’s attention to any obvious unsuitability of the Client’s instructions or supporting documents.
5.3 The Client shall ensure that the Provider has timely and safe access to the premises and the places of performance, as well as the necessary authorisations and consents (including the consent of the owner or manager of the premises, and, in the case of construction works, any permits or notifications required under building regulations, unlessunless it has been agreed that the Provider shall provide these), access to electricity and water, and, in the case of smart technologies, a functioning internet connection, where this has been agreed or is technically necessary.
5.4 The client shall provide the necessary information and supporting documents, in particular any available documentation relating to the building and its installations, previous inspection reports and records of checks, and information on concealed installations, and shall be responsible for their accuracy and completeness.
5.5 Prior to commencing work at the Client’s premises, the contracting parties shall exchange information on the risks and the measures taken to protect against them, in accordance with Section 101(3) of Act No. 262/2006 Coll., the Labour Code, and shall comply with the regulations on health and safety at work and fire safety applicable to the premises in question.
5.6 If the Client fails to provide the necessary cooperation in a timely manner, the deadlines for performance shall be extended by the duration of the delay. The Provider is entitled to charge for any demonstrable costs incurred as a result (e.g. fruitless or repeated call-outs, downtime).
5.7 The Provider shall arrange for the collection and disposal of ordinary waste generated by its activities, unless otherwise agreed. The collection and disposal of construction rubble and hazardous waste form part of the Services only if they are specified in the quotation or the Contract.
6.1 Inspections and checks are carried out by persons with the professional qualifications required under the relevant legislation, in particular Act No. 250/2021 Coll., on occupational safety in connection with the operation of designated technical equipment, and fire safety regulations. The result is an inspection report, an inspection record or another document prescribed by law.
6.2 Inspections and checks assess the condition of the equipment as at the date they are carried out and to the extent that the equipment was made available to the Provider. The Provider shall not be liable for any defects that arise after the inspection or check has been carried out, nor for any equipment to which it was not granted access.
6.3 The rectification of faults identified during an inspection or check is not included in the inspection. The service provider will rectify them on the basis of a separate order from the Client.
6.4 The operator of the facility is responsible for ensuring that inspections and checks are carried out within the statutory time limits, for rectifying any defects identified, and for the operation of the facility. The monitoring of deadlines and notifications in the client portal is a support service and does not transfer this responsibility to the Provider, unless the Contract expressly stipulates that the Provider is responsible for planning and carrying out inspections and checks within the statutory time limits.
7.1 The Provider shall prepare the project documentation in accordance with the Client’s input, the survey of the actual condition (if agreed) and the applicable regulations and standards. The Provider shall not be liable for any defects in the documentation caused by incorrect or incomplete input provided by the Client.
7.2 Discussions regarding the documentation with the relevant authorities, obtaining permits, and design or technical supervision form part of the Services only if expressly agreed.
7.3 The documentation shall be provided in electronic form (PDF), in hard copy in the number of copies specified in the Contract, and in an editable format only if this has been agreed.
8.1 The Service is deemed to have been delivered on the date of signing the handover report, service report or delivery note, or upon confirmation in the client portal or by email. In the case of inspections and checks, the Service is deemed to have been delivered upon delivery of the inspection report or check record. For regular services, the Service is provided on an ongoing basis.
8.2 The Client is obliged to accept the Services if they are fit for purpose. Minor defects and outstanding work which, either on their own or in conjunction with others, do not prevent the use of the Services, constitute grounds only for their rectification within the agreed timeframe, and not for refusing to accept them. If the Client fails to accept the Performance without good cause within 5 working days of being requested to do so, it shall be deemed to have been delivered.
8.3 The risk of damage to the supplied materials and equipment passes to the Client upon handover; in the case of construction works and installations, it passes at the moment they are fitted at the place of performance. Title to the supplied materials and equipment passes to the Client upon full payment of the price. Until then, the Client must not dispose of them, encumber them or remove them from the installation site.
9.1 The Provider shall set up access to the client portal and the data platform for the duration of the Contract. The Client is responsible for keeping the access details confidential and for ensuring that they are used only by authorised persons.
9.2 The Provider shall use reasonable endeavours to ensure the continuous availability of the client zone and the platform. Outages caused by scheduled maintenance, internet and other service providers, energy suppliers, force majeure or the actions of the Client or third parties do not constitute a breach of the Contract. Specific levels of availability and response times apply only if they have been expressly agreed.
9.3 Monitoring and alerts are information tools. Unless expressly agreed otherwise in the Contract, they do not replace security, fire safety, or other systems, inspections and checks required by law, nor do they give rise to any liability on the part of the Provider for the operation of the premises or for taking action on the basis of an alert. The Client is responsible for any decisions made on the basis of the data.
9.4 The Provider may continuously improve and update the client portal and the platform. It shall notify the Client in advance of any significant changes that would limit the agreed functionality.
10.1 The Client’s data and documents stored in the client zone and the data measured by the Client’s devices belong to the Client. The Provider may process them to the extent necessary for the performance of the Contract, the operation and security of the client zone and the platform, and also in anonymised and aggregated form for the purpose of improving services.
10.2 If, in the course of the Provision of Services, the Provider processes personal data on behalf of the Client, the parties shall, at the request of either of them, enter into a data processing agreement in accordance with Article 28 of Regulation (EU) 2016/679 (GDPR).
10.3 Information on the processing of personal data by the Provider, in its capacity as data controller, is set out in the ‘Privacy Policy’ document on the intechi.cz website (intechi.cz/en/privacy-policy/).
11.1 The Provider is liable to ensure that the Services possess the agreed characteristics and are fit for the purpose set out in the Contract. Unless otherwise agreed, the Provider provides a guarantee:
11.2 The Client is obliged to notify the Provider of any defects in the Service without undue delay upon discovering them, either via the client portal, by email or in writing, providing a description of the defect and, where possible, a photograph.
11.3 The Supplier shall remedy the defect by repair or replacement, depending on the nature of the defect, within a reasonable period to be agreed by the parties, taking into account the nature of the defect and the availability of materials. If the defect cannot be remedied, the Client shall be entitled to a reasonable reduction in price or to withdraw from the Contract to the extent of the defective part of the Performance.
11.4 The warranty does not cover defects caused by improper use or inadequate maintenance, unauthorised interference by the Client or a third party, mechanical damage, natural disasters, power surges, water ingress, settlement or movement of structures not carried out by the Provider, or any other external influence, nor does it cover normal wear and tear, including consumable parts (e.g. batteries, light sources, filters).
12.1 The contracting parties shall be liable for damage caused by a breach of their obligations under the Civil Code. The Provider shall not be liable for damage which it could not reasonably have foreseen, nor for loss of profit, loss of data caused by the Client or third parties, or consequential damages.
12.2 The Provider’s total liability for damage arising in connection with the Contract is limited to an amount corresponding to the price of the Services paid by the Client over the last 12 months, up to a maximum of the price of the relevant Contract. This limitation shall not apply in the event of damage caused intentionally or through gross negligence, in the event of personal injury, or where the law does not permit it.
12.3 The Provider has taken out liability insurance to cover damage caused in the course of its activities and shall provide evidence of its validity at the Client’s request.
13.1 Each of the contracting parties is obliged to maintain confidentiality regarding all facts and information relating to the other party which it obtains during the performance of the Contract and in connection therewith (in particular regarding prices, technical solutions, documentation, data, security and the operation of premises), and to impose the same confidentiality obligations on its employees, subcontractors and other persons to whom it entrusts the performance of the Agreement. It shall keep this information confidential, shall not disclose it to third parties without the prior written consent of the other Party, and shall use it solely for the purpose of fulfilling its obligations under the Contract.
13.2 The duty of confidentiality does not apply in cases where:
13.3 The duty of confidentiality shall remain in force for the duration of the Contract and for a further two years following the completion of the Services.
14.1 Software, the client zone, the data platform, documentation and other results of the Provider’s work which were not created expressly at the Client’s request remain the intellectual property of the Provider or its licensors. The Client is granted a non-exclusive, non-transferable licence to use these for their own purposes for the duration of the Contract. The Client must not decompile or modify the software, provide it to third parties, or use it in breach of the Contract.
14.2 Upon full payment of the price, the Client shall acquire a non-exclusive, perpetual licence to use them for the purposes of the property for which they were prepared, including their transfer to other contractors, property managers and the relevant authorities. Use for other properties or other purposes requires the Provider’s consent.
14.3 The Provider is entitled to mention the Client and provide a general description of the Work carried out in its references, unless the Client expressly excludes such use in writing. The Provider shall only publish photographs of the Client’s premises with the Client’s consent.
15.1 A contract for a one-off service (e.g. an inspection, construction work, a project, supply and installation) shall terminate upon its fulfilment. A contract for regular services (maintenance, servicing, digital management, monitoring, arranging inspections) is concluded for the period specified in the contract; if no period is specified, it is concluded for an indefinite period.
15.2 A contract for an indefinite period may be terminated in writing without giving any reason, subject to a notice period of three months, which begins on the first day of the month following the date on which notice of termination is served.
15.3 Either party may withdraw from the Contract in the event of a material breach by the other party, provided that it has notified the other party of the breach in writing and the breach has not been remedied even within a reasonable additional period. The Provider may also withdraw from the Contract if the Client is more than 30 days in arrears with payment. Upon withdrawal, the Provider is entitled to payment for the Services rendered to date and for any costs demonstrably incurred.
15.4 Upon termination of the Contract, the Provider shall allow the Client 30 days to export their data and documents from the client portal, after which the Provider shall delete them, unless prevented from doing so by a legal obligation. Any amount paid in advance for recurring services will be refunded on a pro rata basis for the period during which the service was no longer provided.
16.1 Force majeure is defined as an obstacle which has arisen independently of the will of the party under obligation and prevents that party from fulfilling its obligation, provided that the obligated party cannot reasonably be expected to have averted or overcome it, even by exerting the effort that may reasonably be required of it in connection with the performance, in particular:
Obstacles which arose only after the party under obligation had fallen into default, or which arose from its financial circumstances, shall not be regarded as force majeure. The party under obligation shall not be in default for the duration of the force majeure and only in respect of those obligations directly affected by the force majeure.
16.2 The party affected by force majeure shall notify the other party without undue delay, describing the circumstances and, where possible, the expected duration, and shall also give notice once the force majeure has ceased. It shall take all steps that may reasonably be required to remedy the situation as quickly as possible.
16.3 If the force majeure lasts for more than ten working days, the parties shall agree on an appropriate solution. If it lasts for more than six months, the other party shall be entitled to withdraw from the Contract.
17.1 Amendments to the Contract must be made by means of a written addendum agreed by both parties. Changes made by email or via the client portal are only permitted where expressly provided for in the Contract or these General Terms and Conditions (e.g. changes to contact details and contact persons, approval of changes to the scope of work in accordance with Clause 2.3, submission of a request in accordance with Clause 3.3).
17.2 A proposed amendment to the Contract on which the other party fails to comment within 20 calendar days of receipt shall be deemed not to have been agreed to.
17.3 Both the Contract and the General Terms and Conditions are governed by the laws of the Czech Republic, in particular the Civil Code. The obligations arising from the Contract are not fixed obligations within the meaning of Section 1980 of the Civil Code.
17.4 By signing the Contract or confirming the quotation, the Client declares that they are entering into the Contract in connection with their own business and that they assume the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
17.5 In the event of a dispute, both parties shall first endeavour to resolve it amicably; if this is not possible, the matter shall be brought before the competent court of the Czech Republic in the Provider’s place of business.
17.6 If any provision of the Contract or the General Terms and Conditions is or becomes invalid or unenforceable, the remaining provisions shall remain valid and enforceable. The parties shall replace such provision with another which, in terms of its content and meaning, best corresponds to the original provision and the intention of the parties on the date of conclusion of the Contract.
17.7 The provisions contained in the Contract and the General Terms and Conditions supersede all previous oral and written agreements between the parties relating to the Performance.
17.8 The Provider may amend the General Terms and Conditions. It shall publish the new version on the website intechi.cz; in the case of contracts already concluded, the amendment shall apply only with the Client’s consent, or, in the case of recurring services, following at least 30 days’ prior notice, provided the Client does not terminate the Contract by that time.
17.9 The Client is not entitled to assign the rights and obligations under the Contract to a third party without the Provider’s written consent.
17.10 Contact details: sales and enquiries obchod@intechi.cz, customer service, requests and complaints info@intechi.cz or the customer portal at service.intechi.cz, invoicing faktury@intechi.cz, data protection dpo@intechi.cz.
17.11 These General Terms and Conditions are binding and come into effect on the date of their publication on the intechi.cz website. They replace the General Terms and Conditions effective from 1 September 2022.
