These General Terms and Conditions regulate the relations and mutual rights between Benefit Management s.r.o., with registered office at: Praha 4, Doudlebská 1699/5, Postal Code 14000, ID No.: 27069770, VAT No.: CZ27069770, registered in the Commercial Register at the Municipal Court in Prague: section C, insert 93997 (hereinafter referred to as the "Operator"), and its clients in the Slovak Republic in the administration of employee benefits of the clients' employees within the Múza system (hereinafter referred to as the "User"), on the basis of the Contract on Employee Benefits Administration (hereinafter referred to as the "Contract").
For the purposes of the cooperation of the Parties, the terms defined below with capital letters shall have the meanings defined below:
Employees means employees in an employment or similar relationship with the User.
Employee Benefits means services or other benefits provided by the User as an employer to Employees in addition to wages and other benefits provided by the User as an employer under the employment relationship, which the Employee selects in the Museum. All benefits will be used either as so-called leisure benefits in accordance with the provisions of Section 5(7)(d) of Act No. 595/2003 Coll. on income tax, as recreational vouchers in accordance with the provisions of § 27a of Act No. 91/2010 Coll. on the promotion of tourism and § 152a of Act No. 311/2001 Coll. Labor Code or as sports vouchers in accordance with § 152b of the Labor Code.
The Operator and the User may agree to provide other services or benefits to the User's Employees. These will also be considered Employee Benefits and will be governed by the Contract
Múza means the Operator's web or mobile application, i.e. an electronic administrative tool for the administration of Employee Benefits.
Direct Order means an Employee Benefit Order issued by the Operator based on an Employee's request in the Múza to the Contracted Provider.
Internal Order means an order for an Employee Benefit provided directly by the User to an Employee. An internal order cannot be (1) an order for leisure vouchers and cards from external suppliers, (2) a transfer of benefit points for the purpose of purchasing/recharging the User's shopping/gift cards, if these cards are available to the User for commercial or remuneration purposes, (3) a transfer/order for the recharge of the Employee's meal card provided to the User by a third party. reward purposes, (3) transfer/order for recharging an Employee's meal card provided to the User by a third party.
Order means a Direct Order or an Internal Order.
Contractual Provider means a natural person (entrepreneur) or legal person - a contractual partner of the Operator who provides an Employee with an Employee Benefit on the basis of a Direct Order.
Employee Request means the Employee's selection of an Employee Benefit at the Múza.
II. Rights and Obligations of the Operator
The parties agree that the obligation to “operate the Múza” means the obligation of the Operator to
To set up the Múza according to the terms and conditions agreed with the User,
To provide the User with technical and administrative management and support of the Múza, in particular
to train the User's representative to use the administration functions of the Múza;
provide telephone and email support to employees on weekdays from 8:30 a.m. to 5:00 p.m.;
The Operator shall send a Direct Order to the Contracted Provider within 1 hour after the Employee issues a Request in the Múza.
The Operator must send a Direct Order to the Contractual Provider within 1 hour after an Employee's Request in the Múza system is made.
The Operator must send the Employee an email to the Employee’s e-mail address in the Múza system with information about the processing of the Indirect Order within 7 working days from the receipt of the invoice from the respective Non-contractual Provider; the invoice must meet all the requirements of an invoice under applicable legislation.
The Operator is not responsible for the quality of Employee Benefits or for damage caused to the User or Employees by Contractual or Non-contractual Providers. However, the Operator must carefully select Contractual Providers and supervise the quality of their activities in providing Employee Benefits to the User's Employees.
If an Employee does not start using the Employee Benefits that they ordered and paid for through the account in the Múza system within 12 months from the moment the Order is issued (as recorded in the Múza system), the right to provide the Employee Benefits expires, and the Employee Benefits will not be provided to the Employee and will not be compensated to the Employee or the User in any way. The Operator will inform the Employee thereof in advance on each issued Order.
The Operator is not liable for damage caused to the User directly or indirectly by objective, unpredictable, and insurmountable circumstances beyond the control of the Operator or circumstances that could not be foreseen, including actions or omissions of third parties, especially interruptions in power supply, malfunction of transmission lines, strikes, etc. which cause malfunction or limit the functionality of the Múza system ("force majeure").
III. Rights and obligations of the User
The User is obliged to inform Employees of their rights and obligations in relation to the use of Employee Benefits and the use of the Múza.
The User is obliged to pay all payments related to the services provided by the Operator in due and timely manner.
The User grants the Operator consent to the use of its name and logo, as well as reference data related to the services provided, for the purpose of promoting the Operator. This consent applies to all forms of promotional materials and media, including but not limited to websites, printed flyers, electronic platforms and other forms of advertising. Consent is granted for an indefinite period of time and is valid until revoked in writing by the User. The revocation must be made in writing and delivered to the Operator's registered office. The revocation shall take effect on the date of delivery to the Operator.
IV. Sanctions
For each day of delay in making the Múza operational compared to the stated in the Contract, the User is entitled to charge the Operator a contractual penalty of EUR 20. This does not apply if the User is in delay or if the delay was caused by reasons of force majeure.
Each contracting party is entitled to charge the other party for each day of delay in payment of a monetary obligation interest of 0.05% of the amount due.
In case of non-functionality of the Múza for more than 2 (two) consecutive working days, the User is entitled to charge the Operator a contractual penalty of EUR 40 for each subsequent day of nonfunctionality. This provision does not apply in the case of a planned downtime of the Múza (e.g. due to an upgrade to a new version), of which the User was informed well in advance, or if the nonfunctionality was caused by reasons of force majeure.
Any provision of the Contract on contractual penalty shall not affect the right of the injured party to claim full compensation for damages resulting from the breach of the obligation for which the penalty was agreed.
The right to liquidated damages under this Article shall not be affected by termination of the Contract in any way.
The Parties agree that the contractual penalties under this Article shall be paid by the respective Party to the other Party on the basis of an invoice due 60 days from the date of delivery of the invoice to the respective Party.
V. Confidentiality
The Parties acknowledge that all information about the other Party's business, prospects, clients, Employees and remuneration of Employees, the manner in which Employee Benefits are administered, payment terms, their know-how and other matters obtained or acquired by them in connection with the performance of the subject matter of the Contract, which is not publicly available and known, is subject to trade secrets and data protection (all collectively referred to as "Confidential Information").
The Parties hereby undertake not to disclose any Confidential Information to any third party or to collect, gather, store, disseminate, disclose, process, use or combine it with other information in any way without lawful justification or contrary to the instructions of the other Party. The Parties further undertake that any Confidential Information relating to the other Party with which they come into contact without an apparent need to retain it for the purpose of performing the subject matter of the Contract shall be promptly disclosed to the relevant Party and within the period, the Confidential Information of the other Party is handled by either Party, it shall ensure that it is adequately protected against any loss, theft, destruction, unauthorised access, accidental or other damage or other unauthorised use or processing. Upon termination of the Contract, the Parties shall promptly return to the relevant Party, or destroy, all Confidential Information relating to the other Party, copies thereof, or any record thereof made on data carriers or other media, whether obtained directly or indirectly, intentionally or through no intentional fault of their own. In no event shall the Parties retain such information, unless there is a legal obligation to retain the data or to use it outside the performance of the Contract. This obligation and the obligation of confidentiality shall survive the termination of the Contract.
A third party who must be informed of Confidential Information by reason of the performance of the subject matter of the Contract or part thereof pursuant to the Contract shall always be informed of the obligation of confidentiality and bound to the same extent as the party requesting the third party to be informed.
Both Parties shall maintain all security standards in relation to the spread of computer viruses and computer network protection.
VI. Other
If any provision of the Contract is or becomes invalid or ineffective, the other provisions of the Contract shall remain valid and effective. The provisions of generally applicable law governing the relationship between the parties shall apply instead of the invalid or ineffective provision. The Parties undertake to regulate their relationship by adopting another provision which best corresponds to the intention of the invalid or ineffective provision.
The Parties agree that any disputes between them arising out of or in connection with the Contract shall be settled amicably in negotiations. If the dispute cannot be resolved by negotiation within a reasonable period of time, the dispute shall be decided by a court of competent jurisdiction.
Legal relations between the Parties shall be governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended and in force.
With the exception of amendments or termination of this contract, email communication shall be deemed to be in writing.
All amendments and additions to the Contract, as well as amendments and additions to the Annexes, must be made by written agreement of the Parties in the form of numbered amendments to the Contract.
The Operator is entitled to assign the rights and obligations under the Contract to third parties. The User agrees to such assignment in advance.
VII. Final Provisions
These General Terms and Conditions come into force on 1st August2025 and as of this date fully replace the previous general terms and conditions.
The User acknowledges that the area of employee benefits management is subject to developments, particularly legislative and technological developments, which cannot be accurately predicted, and therefore, due to the very nature of the obligations of the contracting parties, there is a reasonable need for their subsequent amendment. The Operator is entitled to change additionally these General Terms and Conditions or any part thereof. The Operator shall send the amended General Terms and Conditions in writing or electronically to the User at least 30 days before the proposed effective date. If the User does not agree with the change, the User is entitled to terminate the Contract, in which case the Contract shall be governed by the original wording of the General Terms and Conditions until termination.