Terms and Conditions of Rendering of 'BrilTennis - Analysis, Evaluation and Development of Tennis Abilities' Service

(hereinafter the 'Terms and Conditions', hereinafter the 'Service').

The Service is provided by:

GROSS & Co. spol. s r.o.
Czech Republic
Behounkova 2453, 158 00 Prague 5
Identification number (IC): 61502405
Identification tax number (DIC): CZ61502405
Merchant ID: 2053001000

(hereinafter the 'GROSS Company').

Table of Contents

1. Description of the Service. Agreement. Payment
2. Renunciation of the Agreement. Reimbursement of Paid Amount
3. Conditions of Reclamation
4. Renunciation of Client Servicing
5. Protection of Personal Data
6. Final Provisions

1. Description of the Service. Agreement. Payment

1.1 The BrilTennis method is a tool intended for analysis, evaluation and exposure of the optimal strategy of development of tennis abilities. The BrilTennis program (hereinafter the 'Program') is realized through a complex of computer test-games. The program is available in English and Russian language versions. A client can choose required language version in the process of installation of the Program. Client servicing is realized in one of these languages, depending on which language version of the Program the client chose. The Program can be downloaded free of charge at www.BrilTennis.com Web site (hereinafter the 'Web Site'). System requirements of the Program and description of work with the Program are mentioned in the BrilTennis User's Guide (hereinafter the 'User's Guide'). The User's Guide is available at the Web Site (on the Program download page). The Web Site is available in English and Russian language versions. The client can choose required language version of the Web Site directly at the Web Site, having clicked appropriate hyperlink switching language versions.

1.2 Download of the Program by a client means that:

• He has been familiarized with the Terms and Conditions in the edition, valid at the time of downloading the Program, and has accepted them. The Terms and Conditions are available at the Web Site,
• He has been familiarized with the system requirements of the Program and with the description of work with the Program, mentioned in the User's Guide. The User's Guide is available at the Web Site (on the Program download page),
• He has agreed with servicing in one of available languages (according to § 1.1 of the Terms and Conditions).

1.3 Having completed the BrilTennis complex of test-games, a client sends encrypted results of testing (hereinafter the 'Results') to GROSS Company via e-mail (to the address: results@briltennis.com). Once received Results are controlled, GROSS Company sends a confirmation (hereinafter the 'Confirmation') with the information that the Results have been received and are ready to be processed (the Confirmation also contains client's BrilTennis identifier) to the client via e-mail (to the address mentioned in the form which was filled by the client directly in the environment of the Program before the beginning of testing) or a notification of impossibility to process the Results (in the case if upon controlling the Results, sent by the client, it was detected that the Results could not be processed, because they were distorted or incomplete, the file with the Results was defective, etc).

1.4 Having received the Confirmation, a client chooses a payment method (payment via bank transfer, on-line via payment card or in a different way coordinated with GROSS Company) and places an order for the Service (hereinafter the 'Order'). In case of payment via bank transfer or on-line via payment card, the client fills in the Order form on the appropriate payment page of the Web Site. Having placed the Order, the client receives a notification of the Order via e-mail (to the address mentioned in the Order form which was filled by the client on the payment page of the Web Site before payment making). Placing the Order by the client means that:

• He has been familiarized with the Terms and Conditions in the edition, valid at the time of the Order (i.e. filling the Order form on the payment page of the Web Site before payment making), has accepted them and has closed the agreement of rendering of the Service (hereinafter the 'Agreement'). The Terms and Conditions are available at the Web Site,
• In case of payment via transfer, he agrees to bear all the transfer charges, i.e. to pay the whole amount of fee charged by the companies performing the transfer, e.g. by banks,
• He has been familiarized with the price-list for the Service (hereinafter the 'Price-list') in the edition valid at the time of the Order (i.e. filling the Order form on the payment page of the Web Site before payment making) and has accepted it. The Price-list is available at the Web Site (on the payment page).

If the client does not make the payment within 30 days of receiving the Confirmation or pays not full amount or does not bear all the transfer charges (in case of payment via transfer), these circumstances will mean cancellation of the Agreement.

1.5 Having made on-line payment via payment card, a client receives a confirmation of payment making or a notification of unsuccessful transaction (e.g. in the case if the data of the payment card were not filled correctly by the client, there was no enough money on client's account, the client had already exhausted the limit for Internet transactions, set by his bank, client's payment card cannot be used for Internet transactions, the company issued the payment card does not support 3D-Secure system, etc.) via e-mail (to the address mentioned in the Order form which was filled by the client on the payment page of the Web Site before payment making). In the case if the client chose payment via bank transfer as the payment method, he, having filled the Order form on the appropriate payment page of the Web Site, receives necessary information for payment making via e-mail (to the address mentioned in the Order form which was filled by the client on the payment page of the Web Site before payment making). This information is also reflected directly at the Web Site (after filling the Order form).

1.6 A client receives a package of recommendations and analytical information in the form of tables, diagrams and texts containing the analysis of individual features, the evaluation of sports potential and the strategy of the development of tennis abilities (hereinafter the 'Report') within 7 working days (according to the calendar of the Czech Republic) of arrival of paid amount on bank account of GROSS Company (or receiving the amount by GROSS Company in a different way) via e-mail (to the address mentioned in the Order form which was filled by the client on the payment page of the Web Site before payment making). The Report will be sent in .doc and .pdf formats (if GROSS Company and the client do not agree on sending in other format). The Report will be sent in one of available languages (according to § 1.1 of the Terms and Conditions). GROSS Company reserves the right to send the Report later than within 7 working days. In this case, the information about the deadline of sending the Report must be included into the Confirmation.

2. Renunciation of the Agreement. Reimbursement of Paid Amount

2.1 GROSS Company has the right to cancel the Agreement in the case if it does not have, owing to some circumstances, possibility to meet its engagements within the Terms and Conditions and if it does not agree with a client on new conditions of meeting its engagements. In case of its renunciation of the Agreement because of this, GROSS Company returns paid amount to the client.

2.2 The Agreement becomes also canceled if a client has not made the payment within 30 days of receiving the Confirmation or has paid not full amount or has not borne all the transfer charges (in case of payment via transfer) (according to § 1.4 of the Terms and Conditions).

3. Conditions of Reclamation

3.1 Reclamations concerning the Service (hereinafter the 'Reclamations') are taken via e-mail - to the address: info@briltennis.com (the message must contain the information that the Reclamation is the matter of it), by post - to the address: GROSS & Co. spol. s r.o., Czech Republic, Behounkova 2453, 158 00 Prague 5, or directly at the office of GROSS Company in the Czech Republic, Behounkova 2453, Prague 5.

3.2 The Reclamations are realized according to the Terms and Conditions and the legislation of the Czech Republic.

3.3 A Reclamation can be admitted in the case if a client has not received the Report within period of time, mentioned in § 1.6 of the Terms and Conditions, because of incorrect filling the e-mail address, fails or incorrect settings of e-mail servers, fails or incorrect settings of e-mail software, fails or incorrect settings of security software (antivirus, antispam, etc.), incorrect settings of e-mail accounts, etc. through GROSS Company's fault as well as in the case if the file of the Report is defective through GROSS Company's fault. In case of admission of the Reclamation, GROSS Company sends the Report again to the client via e-mail (to the address mentioned in the Order form which was filled by the client on the payment page of the Web Site before payment making). In the case if GROSS Company does not have, owing to some circumstances, the possibility to send the Report again, it returns paid amount to the client.

3.4 A client has the right to send a Reclamation within 6 months (in the case if other conditions are not mentioned) of the payment. Sending the Reclamation, the client must provide GROSS Company with the Confirmation, with the notification of the Order and with a document that is the evidence of making the payment for the Service.

3.5 After receiving a Reclamation, GROSS Company sends a confirmation of receiving the Reclamation to a client. GROSS Company must solve the Reclamation within 30 days of receiving the Reclamation, if GROSS Company and the client do not agree in a different way. In case of admission of the Reclamation, GROSS Company acts according to § 3.3 of the Terms and Conditions. In case of non-recognition of the Reclamation, GROSS Company informs the client about this.

3.6 GROSS Company is not responsible for delays or non-receipt of the Report by a client because of incorrect filling the e-mail address, fails or incorrect settings of e-mail servers, fails or incorrect settings of e-mail software, fails or incorrect settings of security software (antivirus, antispam, etc.), deleting the e-mail message containing the Report, deleting or blocking of e-mail account, exceeding maximum allowable size of e-mail account, incorrect settings of e-mail account, impossibility to identify the client/the payment because of incorrect filling the BrilTennis identifier or the variable code (reference), incorrect filling the payment information (in case of payment via transfer) (according to § 1.4 and § 1.5 of the Terms and Conditions), etc. through client's or third parties' fault as well as for defective file of the Report if it is defective through client's or third parties' fault (however, the client can apply to GROSS Company with the request to send the Report again, having provided GROSS Company with the Confirmation, with the notification of the Order and with a document that is the evidence of making the payment for the Service).

3.7 GROSS Company is not responsible for possible problems occurred because of incorrect use of the Program, e.g. use on the computer that does not correspond to the system requirements of the Program, mentioned in the User's Guide in the edition valid upon downloading the Program, incompatibility, incorrect installation, incorrect settings, etc. The User's Guide is available at the Web Site (on the Program download page).

3.8 A client must send a reclamation concerning on-line payment for the Service, made via a payment card according to § 1.4 of the Terms and Conditions, directly to the organization issued the payment card (usually it is a bank).

4. Renunciation of Client Servicing

4.1 GROSS Company has the right to refuse servicing to a client because of the following reasons:

• Upon controlling the Results sent by the client, it was found out that those Results could not be processed (the Results were distorted or incomplete, the file of the Results was defective, etc.). In this case, instead of receiving the Confirmation, the client receives a notification of impossibility to process the Results (according to § 1.3 of the Terms and Conditions) via e-mail (to the address mentioned in the form which was filled by the client directly in the environment of the Program before the beginning of testing),
• The client deliberately tried to provide false personal or identification data,
• There is suspicion that the client is deliberately trying to provide false personal or identification data,
• The client systematically sends Results which cannot be processed,
• The client systematically sends Results, but does not make payment within the time limit mentioned in § 1.4 of the Terms and Conditions or pays not full amount or does not bear all the transfer charges (in case of payment via transfer) (according to § 1.4 of the Terms and Conditions),
• The client tried to make a payment via invalid, false or stolen payment card,
• There is suspicion that the client is trying to make a payment via invalid, false or stolen payment card,
• The client tried to send a file of Results, containing viruses or other harmful programs,
• There is suspicion that the client is trying to send a file of Results, containing viruses or other harmful programs.

5. Protection of Personal Data

5.1 Giving his personal data and accepting the Terms and Conditions, a client agrees to processing and keeping his personal data by GROSS Company. These actions are done according to the legislation of the Czech Republic.

6. Final Provisions

6.1 Rights and obligations of GROSS Company and a client within the Terms and Conditions are based on the regulations of the legislation of the Czech Republic, if it is not mentioned in a different way.

6.2 This edition of the Terms and Conditions has been valid since October 3, 2006.

6.3 GROSS Company reserves the right to change the Terms and Conditions.

<< Home | Download | Payment | Send E-mail >>