Please, read carefully these business conditions (hereinafter referred to as "Business Conditions") before you start to use the services procured by the company Hithit s.r.o., Company Identification No. 267 06 784, with the registered office at Prague 4 – Chodov, Türkova 2319/5b, post code 149 00, registered in the Commercial Register kept by the Metropolitan Court in Prague, section C, insert 88662.
These Business conditions provide for principles of operation and use of the websites www.hithit.com/cz/sk/eu (hereinafter referred to as the "Websites" or "Portal") for Authors of projects published on the Websites, and principles of use of services provided by the company Hithit through the Websites (hereinafter referred to as the "Services").
By entering, using, browsing, transfer/transmission or saving the Website, or using any services of the company Hithit, especially sending a request fro publication of a Project, you acknowledge that you have read these Business conditions and agree with and undertake to observe these Business conditions.
An integral part of these Business conditions being the Principles of protection of personal data which are published at Hithit. The company Hithit reserves the right to change - at its own discretion - or replace any of the conditions or to change, to suspend or terminate - at any time - the Service (especially availability of any function or content) by publishing such changes on the Websites or in the e-mail notification sent to Users.
The company Hithit may also provide for limitation of certain functions and services or limit an access to any or all Service(s) without any prior notice.
Hithit, Provider – company Hithit s.r.o., Company Identification No. 267 06 784, with the registered office at Prague 4 – Chodov, Türkova 2319/5b, post code 149 00, registered in the Commercial Register kept by the Metropolitan Court in Prague, section C insert 88662, running the websites at www.hithit.com/cz/sk/eu.
Websites, Portal – sites run by the company Hithit located at www.hithit.com/cz/sk/eu
Project – intent/plan of the Author of the project presented on the Websites for the purpose of obtainment of financial means from individual Customers for the implementation thereof; it can be an art, music, film project, etc.,
Author of the project – a natural person or legal entity which will send to the Provider a request for the publication of the Project and whose Project is presented to potential Customers via the Websites,
Successful project – Project presented on the Websites with respect to which the set conditions were fulfilled by the Author of the Project, i.e. achievement of the required amount from Customers and achievement of such an amount within a stipulated time limit,
Unsuccessful project – Project presented on the Websites with respect to which the set conditions were not fulfilled by the Author of the Project, i.e. achievement of the target amount of Customers within a required time limit,
Customer – a natural person or legal entity, registered to the account on the Websites, purchasing a pre-determined bonus (product or service at the given price).
Bonus – a pre-determined product or service which the Author of the project offers at the price mentioned with the bonus.
User – any natural person or legal entity (Author of the project, Customer, non-registered person) which uses services provided by the company Hithit on the Websites.
Investment – financial means placed by the Customer into a designated bank account for the purpose of their use for financing the Bonus.
Special section – a section of the website that runs under special conditions that are derived from the agreement between Hithit s.r.o. and the section guarantor (f.e. Vodafone Foundation Czech Republic). Projects of the given section are distinguished by a specific category and alternatively with other graphics elements.
Services are available only to persons at the age of at least 18 years. By entering, using, browsing, transfer/transmission or saving (of) the Websites, or upon sending the Project, and by any other active participation you declare and warrant that you are a natural person of full age, or a person within the scope of a legal entity which is competent to enter into binding contracts, and that all registration data which are submitted by you are accurate and true. The Provider may refuse - at his sole discretion - to offer the Service to any natural person or legal entity.
A condition of using certain Services from the side of the Provider being registration of the User with the Provider and selection of a password. An e-mail address of the User serves as a user name.
Users are obliged to provide the Provider with accurate and full registration data and to update such data regularly. The user may not use an account of another User. In case there comes to an unauthorized use of the account of the User, such User is obliged to inform the Provider in writing of such unauthorized use of the account or of any other breach of security of the account of which he has learnt.
The company Hithit reserves a right to reject registration of the User or to cancel it at its sole discretion.
Hithit is an online system and platform within the scope of which it is possible to obtain financing for creative projects. The Provider permits the Authors of the project who will enter a record of their projects on a list to obtain financial means from other Users (Customers) within the time limit given in the entry of a record of the given project in the list, for consideration in the form of a Bonus provided by the Author of the project which is given in the description of the Project and bonus. The Provider is a middleman with respect to a relation between Authors of projects and Customers. The Provider enables the Authors of the project to present their Projects on the Websites.
All investments are gathered on the account opened for that purpose kept by the company ComGate Payments, a.s. In case of a successful project, they are transferred after deduction of a commission of the Provider to the account of the Author of the Project. Author of the Project must be an owner of the account to which financial means are to be remitted. Order to transfer financial means is given to the company ComGate Payments, a.s. by the Provider. Author of the project is obliged to provide ComGate Payments, a.s. with all cooperation necessary for the carrying out of identification pursuant to Act no. 253/2008 Sb. (Coll.), on some measures against legalization of proceeds of crime and funding terrorism, and to prove ownership of the bank account. If ComGate Payments, a.s. has any reasonable doubts about a person of the actual account owner, or suspicion of the use of the bank account for funding terrorism or legalization of proceeds of crime, or if the Author of the project refuses to submit to identification, ComGate Payments, a.s. will not carry out transfer of financial means according to the instruction of the Provider, and according to the nature of suspicion it will carry out transaction upon a prior notice to a bank account of the Provider and/or will retain the transaction in accordance with regulations on fight against funding terrorism and legalization of proceeds of crime.
Entitlement of the Authors of projects to the sending of the target amount is due by the lapse of 5 days after the lapse of the time of collection of pecuniary amounts of the Project provided that the target amount has been achieved and verification of the Author has been carried out as stated in the previous paragraph (clause). If Customers fail to pay 100% or more of the target amount within a stipulated time limit via ComGate system, ComGate Payments, a.s. is obliged to return immediately after the lapse of the stipulated time the financial means to the Customers in the full amount. The Provider nor ComGate Payments, a.s. are responsible for any claims of Customers to the return of amounts by which pecuniary amounts returned to Customers in accordance with this article have been reduced. ComGate Payments, a.s. is obliged to return pecuniary means according to this article of the Contract always solely to the Customer´s bank account or payment card from which payment of the Customer was received.
The Provider nor the Author of the project are entitled to dispose of such means in any way until termination of the date of the Project. The User is continuously informed of the course of the Project by the Provider via the Websites until its successful or unsuccessful termination after logging on to his user account. The Provider bears no liability for the functioning of the ComGate System.
Author of the project is obliged to acquaint himself thoroughly with business conditions of the company ComGate Payments, a.s., available at the Internet address at http://www.comgate.cz/cz/platebni-reseni/smluvni-dokumentace and to follow such conditions. In case of violation of the business condition of the company Comgate is Author of the projects liable for any damage or loss caused to Provider.
Authors of projects are entirely liable for their Projects, especially for provision of accurate and non-misleading information and fulfilment of all obligations given in the record of any project which they will create. The Provider does not supervise over quality, fulfilment or accuracy of any Projects presented on the Websites. All negotiations with any User or any third person found through the Service are conducted solely between the Authors of the project and such Users or third persons.
The Provider is not liable for any damage or loss incurred due to interaction between the User, third persons and Authors of projects, nor for activities of Authors of projects, especially for delivery of goods and services and any other conditions, guarantees or representations related to lists of projects on the Websites of the Provider.
The Provider has the right to cancel the Project at any time.
To realize the payment Customers can use ePayment+ service, which will redirect them from the Hithit Website to the internet banking of chosen bank. Customer then send payment through internet banking to the bank account of ComGate Payments, a.s.
Sensitive information entered by Customer to the internet banking system are protected by payment gateway of banks and are not accessible for any third parties. Processors of the payments can only access transaction informations provided by bank.
By submitting registration data Customer agrees with the processing of the registration data by Provider, ComGate Payments, a.s. and Author of the project until written consent revocation. Contact information of the Customer are used only by Provider, ComGate Payments, a.s. and Author of the project and will not be made available to the third party subjects except for the payment processors.
Registration and keeping the account is free of charge. However, on some other services there may be imposed a fee. The Provider collects all financial means via the ComGate account. If the User makes use of the service on which there is imposed a fee, he has a possibility to review and approve fees that will be charged to him and may decide whether he will make use of such a service. The Provider reserves a right - as necessary and according to circumstances - to change such fees or stipulate new fees.
In case of an application of the Author of the project for publication of the Project which is published by the Provider and which is successful, i.e. within the given time limit there comes to the achievement of the target amount necessary for the implementation of the Project, the Author of the project will pay to the Provider a commission which amounts to 9% (+ VAT according to a statutory amount) from the total collected amount of the Project. For projects with target amount above CZK 200,000 or EUR 7,500 and projects listed in special sections it is possible to negotiate individual conditions for the provision. In case that there does not come to the achievement of the target amount of the Project, the Provider´s commission is not paid. In the commission there are not included any bank fees connected with transactions. Such fees are charged separately and will be deducted from financial means intended for the Author of a successful project before payment to his bank account.
Commission is paid to the Provider from amounts sent by Customers to the account intended for the Project kept with ComGate Payments, a.s. The Provider is entitled to deduct his commission from the means remitted and to assert it directly with ComGate Payments, a.s.
The Provider reserves a right to adjust the amount of the commission. Any such changes will become effective after the Provider has informed thereof by their publication on the Websites or in the e-mail notice sent to the User.
|Commission||For projects with target amount less than CZK 200,000 or less than EUR 7,500||9% (+ VAT according to a statutory amount) from the total collected amount of the Project + CZK 699 administration fee|
|For projects with target amount above CZK 200,000 or above EUR 7,500||Individial conditions|
(projects in CZK)
|All payments||1.5% + CZK 1|
(projects in EUR)
|All payments||1.5% + EUR 0.10|
|Transaction fees||No fees|
Author of the project undertakes to provide the Project published on the Websites, and his registration data, with accurate and true information, especially, he is obliged to state and to regularly update his contact details and a bank account number to which financial means of Customers are to be remitted in case of successful achievement of the target amount of the Project.
Author of the project undertakes that he will state a bank account number of which he is an owner and to which he has a right of full disposal.
Author of the project is obliged to state the target amount - before displaying the Project on the Websites - which is to be achieved for successful implementation of the Project. Author of the project acknowledges that this target amount may not be changed by him during the publication of the Project and includes all costs relating to the Project including a commission for the Provider, bank fees, a value added tax in the amount pursuant to valid legal regulations on the day of publication of the Project. For these reasons, the Provider recommends that the Author of the project calculate thoroughly all costs for sending bonuses and other costs relating to the implementation of the Project.
Author of the project will publish a description of the Project always in the Czech language and further - at his discretion - in other languages. Author of the project acknowledges that the period of displaying the Project is stipulated for all Projects in the length which amounts to 30 or 45 days from the day of publication and such period cannot be changed in any way without a prior consent of the Provider. The Provider reserves a right to change the period of displaying the Project, however, only before commencement of publication of the Project.
Author of the project is not further entitled to change conditions of the published Project, especially, the amount of the target sum, to change the name of the Project and category in which the Project is placed, type of the bonus, amount of the value of the bonus, change of dates of sending bonuses, etc. In case that after publication of the Project there comes to correction - from the side of the Author - in the description of the bonus or to a note to the already published Project, and such correction/note means reduction in the value of the bonus, the Customer is entitled to withdraw from the purchase contract on the basis of which he has already purchased the bonus in the Project due to a substantial change of circumstances.
Author of the project is obliged to place the Project in the category of the project which corresponds to the focus of the Project as closely as possible.
Name of the Project selected by the Author of the project nor description of the Project may contain a proposal for the sale of goods or service which is not directly the subject-matter of the Project. Author of the project may attach pictures, photographs, videos, music, etc., to the presentation of the Project, in such a case he undertakes not to violate during the presentation of the Project any copyrights, industrial rights, not to use trademarks in the ownership of third persons without their consent and to observe principles for protection of intellectual property rights as is described below in the Business conditions. Author of the project is not entitled to take advantage - in describing the Project or bonus - of reputation of third persons, to state a link of the Project or bonuses with (well-)established brands, logos or trademarks of third persons unless he has a consent thereto of the owner of the brand, logo or trademark.
Author of the project undertakes not to publish in the description of the Project any immoral, scandalous, racist or similar information or materials. The Provider reserves a right to cancel the Project which would contain any such information or materials.
If the Author of the project offers the Customer as a bonus for provision of investment a tangible product, he is obliged to state an exact description of the product in the Czech language and/or in other languages. Author of the project is obliged to state in the description of the bonus only information relating to such a product. Description of the bonus may not be utilized as advertising for any other product or service and/or as advertising for products or services which are not procured by the Provider within the scope of the Author´s product.
If during the publication of the Project there comes to a fact which constitutes an impossibility of performance consisting in the provision of bonuses presented in the description of the Project, the Author of the project has a right to cancel provision of the bonus. However, he must prove such a fact to the Provider and offer the Customers any other adequate bonus with the same nominal value. The Customer has a right, in such a case, to withdraw from the contract entered into with the Author of the project due to a substantial change of circumstances.
Author of the project acknowledges that the Customer has a right - in the course of publication of the Project - to withdraw from the contract apart from reasons given in the previous paragraph (clause) until the amount has been paid to the account kept by the Provider.
Author of the project undertakes to inform other Users of any change in the Project by publication of the information in the description of the relevant Project.
Author of the project undertakes to fulfil all obligations towards Customers which he stated in the description of the Project in which the target amount has been accomplished, especially, he undertakes to observe time limits of the implementation of the Project, dates for sending bonuses described in the Project, form, type and amount of the bonus.
The Provider bears no liability for a description of the Project and bonuses published by the Author of the project. The Provider reserves a right to remove or change the description of the Project or bonus if he has learnt that there were violated - by publication of the Project or description of bonuses - any rights of third persons relating especially to a copyright. The Provider states that he is not a platform that procures contributions or subsidies to Authors of the project, but he is a middleman with respect to the sale of products and services offered by the Authors of the project.
Name of the website www.hithit.cz/sk/eu and "Hithit“ and all logos relating to the Services are either trademarks or registered trademarks of the company Hithit s.r.o. In addition, all headings of the sites, customer graphics, button icons and scripts are service marks, trademarks or promotion means of the company Hithit s.r.o. These may not be copied, imitated or used by Users without a prior written consent of the company Hithit s.r.o. All rights relating to the Websites and Services rendered, and to any and all other technologies and any content (defined below), created or derived on the basis of the said above are in the exclusive ownership of the Provider.
By using the Websites or the Services of the Provider the User agrees that the Service contains the content specially provided by the company Hithit s.r.o., or its partners, and that such content is in the exclusive ownership of the company Hithit s.r.o., or its partners and is protected by copyrights, trademarks, service marks, patents, trade secrets or by other law-protected rights and legal regulations.
Content of the Service includes especially videos, audioclips, written comments from forums, information, data, texts, photographs, software, scripts, graphics and interactive functions which are created, provided or otherwise made accessible by the Provider, or its partners via the Websites or the Service. The User undertakes to observe all notices, information, and limitations relating to copyrights which are given in any content accessible via the Website or the Service.
The company Hithit grants to the authorized User of the Service or the Websites a non-exclusive, non-sublicensable and non-transferable licence for use, modification and reproduction of the Content, solely for purposes of its use in connection with the Service. Use, reproduction, modification, distribution or saving of any Content for any other purpose is expressly prohibited if being without a prior written consent of the company Hithit s.r.o. or a holder of the copyright mentioned in the notice of copyrights which is part of the Content.
User may not (directly or indirectly) do the following:
Service may provide Authorized users with a possibility to add, create, upload, submit, distribute, gather or publish (hereinafter also referred to as "present") the content , videos, audioclips, written comments from forums, data, texts, photographs, software, scripts, graphics or other information on(to) the Websites (hereinafter jointly referred to as "User contributions").
By presenting User contributions on the Websites or otherwise via the Service, the User does the following:
The Provider does not approve nor does he control in any way any User contributions. The Provider cannot pledge himself for the credibility of any data which Users will provide about themselves.
The User confirms that his access to all User contributions - with the use of the Service - is at his own risk, and bears sole liability for any damage or loss thereby caused by him to any person. The Provider does not warrant that any User contribution will be published on the Websites or via the Service. The Provider is not obliged to monitor User contributions.
The Provider reserves the right to block, remove, edit, or modify - at any time - any User contributions from the Websites or the Service, without a prior notice and reasoning (especially upon receipt of complaints or accusations from third persons or relevant bodies relating to such User contributions, or if the Provider has a suspicion that the User breached Business conditions), or without giving any reason.
Condition of the use of the Service being that the User will undertake that he will not use the Service for any purpose prohibited by these Business conditions. Service (especially any Content or User contribution) is provided only for limited personal non-commercial use (unless otherwise permitted by Business conditions).
The User may not carry out - without limitation (directly or indirectly) - any of the following activities:
a) take any measure or upload, read in, publish, present, or otherwise distribute or allow distribution of any content via the Service, especially any User contributions which:
b) take any measure which presents or may present (according to the decision on the basis of sole discretion of the Provider) inadequate or disproportionately high loading of the Provider´s infrastructure;
c) intervene or try to intervene in proper functioning of the Service or any activities carried out within the scope of the Service;
d) circumvent any measure which the Provider may use for the purpose of prevention or restriction of an access to the Service (or other accounts, computer systems or networks connected to the Service);
f) use Mailist, Listserv, auto-responder in any form, or spam within the framework of the Service; or
g) use a manual or automated software, device, or other procedures for crawling or spidering of any site of the Websites.
The User is fully liable for that by transfer of financial means within the scope of the Project there does not come to legalization of proceeds of any crime and the means used in the Project are not intended for the financing of terrorism, terrorist acts or terrorist organizations.
The Service allows the Users to get connected to other websites or sources on the Internet which are not under control of the Provider, while such other websites or sources may contain links to the Websites. If the User enters the websites of third persons, he does so at his own risk. By using the Websites and the Service the User acknowledges and agrees that the Provider is not liable for goods, services, content, functions, accuracy, legality, appropriateness or any other aspect of such websites or sources of third persons (hereinafter referred to as the Sources of third persons"). Inclusion of any such link does not mean approval or affiliation of the Provider to any Sources of third persons. Further, the User hereby acknowledges and agrees that the Provider is not liable directly or indirectly for any damage or loss caused or allegedly caused by or relating to the use of any Sources of third persons by the User.
The Provider may terminate - at any time - an access of the User to the Service or any part thereof with the stating of a reason or without giving any reason, with a notice or without any notice, with immediate effect, which may result in seizure and destruction of all the information relating to the User´s account. If the User wishes to terminate his account, he may do so by fulfilment of instructions given on the Websites. Any fees paid on the basis of this Contract are non-refundable. All provisions of the Business conditions which are to survive - by their nature - even upon termination of the account also apply after termination of the account, especially provisions relating to the intellectual property and limitation of liability.
The User hereby further acknowledges that the Provider has no control nor any duty to take any measure regarding the fact (i) what users will acquire an access to the Websites, (ii) to what Content or User contributions the User has an access via the Websites, (iii) what impacts on the User such Content or User contributions may have; (iv) how the User is to interpret or use the Content or User contributions; or (v) what measures he may take if the Content or User contributions are made available to the User.
The Provider is released from all liability for User´s acquisition or non-acquisition of the Content or User contributions via the Service. The Websites may contain or refer to websites containing information which some people may consider offensive or inappropriate. The Provider does not make any representation regarding any Content or User contributions contained on the Websites or made available via these Websites. The Provider is not liable for accuracy, observance of copyrights, legality or discreetness of materials contained on/in or made available via the Websites or the Service.
The Provider does not bear any liability from the viewpoint of Act no. 253/2008 Sb. (Coll.), on some measures against legalization of proceeds of crime, and is not obliged to ascertain the origin of financial means used within the scope of the Project. Liability for observance of relevant regulations in connection with legalization of proceeds of crime is borne solely by the User.
By using the Service the User expresses his consent with receipt of all electronic messages from the company Hithit, especially notifications, contracts, legally required disclosures or other information relating to the Service (hereinafter jointly referred to as the "Notification"). Hithit may provide such electronic notifications by their publishing on the Websites. If the User wishes to cancel his consent with the electronic receipt of Notifications, he must send such information via email to the Provider.
In compliance with the provisions of Section 14 et seq. of Act No. 634/1992 Coll., on consumer protection, as amended, the Operator hereby informs the consumer that the authorities of solving out-of-court disputes are:
For projects started before 1.11.2015 are adequately applied provisions from business conditions version 4 with date of effect 4.8.2015, especially "Authors of projects - obtainment of money from Customers" and "Fees and payments to the company Hithit" All payments carried out until 31.10.2015 are processed by PayU Czech Republic s.r.o. and payments carried out starting 1.11.2015 are processed by ComGate Payments, a.s. even as part of the same project.
These Business conditions represent an entire agreement between the Users (especially Authors of projects) and the company Hithit relating to Services and use of the Websites, and replace all prior or present communication and drafts (whether oral, written or electronic) between the User and the company Hithit.
If any provision of these Business conditions is considered to be unenforceable or invalid, such provision will be excluded or limited to the minimum necessary extent and does not affect validity or enforceability of other separable provisions of the Business conditions.
The Provider reserves a right to change or amend - at any time - these Business conditions as well as the Principles of protection of personal data without giving any reason. Users of the Websites and Services will be informed of any changes via publication of a notice on the Websites and/or via sending a notification by e-mail. Wording of the new Business conditions or the Principles of protection of personal data is effective from the day of their publication on the Websites of the Provider if not determined differently by Provider.
Business conditions and all legal relations arising from these Business conditions are governed by the Czech law.
Business conditions for Hithit, version 9
Date of effect: 1.8.2018