1. Introductory provisions
These general terms and conditions (the “Terms”) govern the relationship between the provider, Mgr. Martina Kypastová, company ID 87861461 (the “provider”), and the client, who is usually a self-employed person or a company (the “client”), in connection with software development and related services.
The provider operates on the market under the trade name kypyx - this is the name under which the provider offers and delivers the services described in Article 3, not a separate legal entity.
The provisions of an individual contract or of a proposal approved in writing take precedence over the wording of these Terms (Section 1751 of the Civil Code).
2. Definitions
- Work - software, a website or any other output created under a contract with the client.
- Source code - the complete source code of the work needed to run, modify and further develop it.
- Repository - the version control system (git) in which the source code is managed.
- Handover - the moment the work is made available to the client in the agreed scope, typically by deployment to live operation.
3. Subject of performance
The provider mainly provides: custom software development (Next.js and the related technology stack), a conversion rate and website performance audit, a redesign of an existing website and the building of a custom online store. The specific scope of a service is always defined by the individual proposal.
4. Formation of the contract
The contract is formed by acceptance of the proposal given to the client after the scope audit, either in writing (an email is sufficient) or by payment of the deposit under Article 5.
The initial free website audit does not create a contract or any right to continued cooperation - it is a non-binding basis for the client's decision.
5. Price and payment terms
The provider is not a VAT payer - the stated and agreed prices are final. The price of the work is always set by an individual proposal after the scope audit; the provider does not keep a public price list.
A deposit of 50% of the price of the work is due before work begins. The balance is due within 14 days of handover of the work. For cooperation on a Time & Material basis, invoicing is monthly, in arrears, for the time worked.
In the event of late payment, the provider is entitled to interest on late payment under Government Regulation No. 351/2013 Coll.
6. Client cooperation
The client provides the materials, access and statements needed for performance within a reasonable time. A delay by the client in providing cooperation postpones the performance deadline by a corresponding period and is not to the provider's detriment.
7. Handover and acceptance
The client responds to the delivered work (accepts it or raises objections) within 10 business days. If the client raises no objections within this period and does not put the work into live operation, the work is deemed accepted. By putting the work into live operation, the work is deemed accepted regardless of whether the period has elapsed.
8. Copyright and license
Until the price of the work is paid in full, the provider grants the client a non-exclusive license to use the work to the extent necessary for its operation and testing.
Upon full payment of the price of the work, an exclusive, unlimited license to the source code passes to the client (Section 2358 of the Civil Code), without territorial, time or quantity restrictions, including the right to further modify and develop the work and to commission its further development from a third party. The repository and access to the infrastructure are held in the client's name from the start of work.
The provider reserves the right to cite the completed work as a reference in its portfolio, unless expressly agreed otherwise.
9. Liability for defects
A defect means a demonstrable deviation of the work from the approved specification. The following are not considered a defect: a change of requirements after acceptance of the work, interference by a third party in the source code, an outage or change in the behavior of a third-party service (for example hosting or an email gateway) and content supplied by the client.
The provider will remedy a reported defect within a reasonable time; repair is the priority, and a price reduction comes into consideration if repair is not possible.
10. Limitation of liability
The provider is not liable for the client's lost profit, or for indirect or consequential damage. The provider is not liable for the availability, behavior or changes of third-party services on which the work runs or with which it is integrated (for example Vercel, Resend, Cloudflare, Shoptet).
The total compensation for damage caused by the provider is limited to the price of the work. This limitation does not apply to damage caused intentionally or through gross negligence (Section 2898 of the Civil Code).
11. Withdrawal from the contract and cancellation
The client may withdraw from the contract at any time during the work; in that case the client pays the price of the demonstrably completed part of the work, and the deposit paid is credited against that amount.
The provider may withdraw from the contract if the client is more than 14 days late with payment or repeatedly fails to provide cooperation under Article 6.
12. Confidentiality
Both parties undertake to keep confidential the confidential information of the other party obtained in connection with the cooperation, including access credentials, even after the cooperation ends.
13. Personal data protection
The processing of personal data in connection with the cooperation is governed by the Privacy policy.
14. Governing law and dispute resolution
The contractual relationship is governed by the law of the Czech Republic. The parties undertake to resolve any disputes primarily amicably; if no agreement is reached, the court with jurisdiction is the one at the provider's registered seat.
15. Final provisions
The provider may amend these Terms to a reasonable extent; for contracts already concluded, the wording in effect at the time of their conclusion applies. These Terms are effective from 2026-08-15.