General terms and conditions

for the provision of publicly available electronic communications services by Faster CZ spol. s r.o.

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I. Introductory provision

1. These General terms and conditions for the provision of publicly available electronic communications services by Faster CZ spol. s r.o. (hereinafter referred to as “General terms and conditions”, “Terms and conditions” or “GTC”) regulate the procedure for concluding, amending and terminating the Contract for the provision of publicly available electronic communications services (hereinafter referred to as the Contract) and regulate the basic commercial terms and conditions under which Faster CZ spol. s r.o. provides electronic communications services or performance related to the provision of electronic services to natural and legal persons in the Czech Republic.
2. These General terms and conditions are general terms and conditions of publicly available electronic communications services and provision of public communications networks pursuant to Act No. 127/2005 Coll., on electronic communications and on amendments to certain related acts, as amended (the Electronic Communications Act). These terms and conditions have the nature of other commercial terms and conditions pursuant to Section 1751 of Act No. 89/2012 Coll. of the Civil Code, as amended.
3. These General terms and conditions are an integral part of the Contract concluded between Faster CZ spol. s r.o. as the Provider of this Service and another natural or legal person as a Subscriber to this Contract.

II. Definition of basic terms

For the purposes of these Terms and conditions and the agreement, the following capitalized terms shall have the meanings set forth therein:

a) Price list – a list of prices for which the provider provides the services;

b) Advertised download and upload speed – the connection speed specified as the maximum download and upload speed in the specification. For more details, see Annex 1 of the GTC.

c) Maximum download and upload speed – the connection speed specified in the specification. See Annex 1 to the GTC for details.

d) Minimum download and upload speed – the connection speed determined by the ratio between the maximum download and upload speed and the aggregation specified by the provider for the relevant service in the specification, the specification, the contract or any other document provided by the provider to the subscriber as part of the commissioning of such service. For more details, see Annex 1 of the GTC.

e) OKU – Subscriber verification code – a 14-digit number used by the subscriber to port its own telephone numbers to a new provider.

f) Telephone number porting – service in the matter of telephone number porting between operators.

g) Provider – Faster CZ spol. s r.o., Brno, ul. Jarní 44g, Postal Code: 614 00, ID No.: 60722266, registered in the Commercial Register maintained by the Commercial Register of the Commercial Register in Brno, Section C, Insert 16631, which provides publicly available electronic communications services on the basis of permits and licences granted by the relevant administrative authorities in accordance with the legislation of the Czech Republic.

h) Data Centre operating rules – a document which regulates the conditions for the use of the provider’s Data Centre services and which is part of the documents provided to the subscriber.

i) Response time – the time limit for the commencement of service activities by the provider. The time limit starts from the receipt of the request by the monitoring centre.

j) Claims – assertion of rights under liability for defects; assertion of claims arising from defective billing.

k) SLA – the guaranteed availability of the service by the provider under the terms and conditions set by the provider and the guaranteed response time for initiating repairs in the event of a service failure and the date of delivery of the service.

l) Service – an electronic communications service provided by the provider under the contract for consideration, including other services, things or performances related to the provision of electronic communications services, which consist wholly or mainly in the transmission of signals over electronic communications networks, including telecommunications services.

m) Contract – a contract for the provision of publicly available electronic communications services concluded between the provider and the subscriber, or any other contract concluded with the provider, which provides that these Terms and conditions form part thereof.

n) Parties – the provider and the subscriber.

o) Consumer – any person who, outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, enters into a contract with or otherwise deals with an entrepreneur.

p) Subcontractor – a third party who, on the basis of a contractual relationship with the provider, supplies the provider with certain items, services or performances in order to ensure the provision of services by the provider.

q) Technical contact – a contact of the participant in the form of name, telephone number and email address, which is used to inform the participant in urgent technical matters.

r) Subscriber – any natural or legal person who enters into a contract with the provider, to whom the provider provides the service on the basis of the concluded contract and who accepts the provisions of these Terms and conditions. In the contract documents effective before 1 April 2010, the term “User” is used.

s) Located equipment – telecommunications equipment, their accessories, as well as other movable property owned by the provider and located at the subscriber for the purpose of providing the services.

t) Inflation – a recurring increase in most prices in a given economy, reflected as a depreciation in the real value (purchasing power) of the currency (CZK) relative to goods and services.

u) Service window – a period of time during which the provider is entitled to provide planned maintenance of the equipment and development of the technical infrastructure of the provider’s telecommunications network, on the basis of which the provision of the service may be limited or interrupted.

III. Creation of the contract

1. The contract must always be concluded in writing and shall come into existence on the date of the conclusion of the contract, i.e. on the date of the signature of both parties, i.e. on the date of the signature of the party who signed it later. Unless otherwise provided in the contract, the contract shall be effective at the time of its formation.
2. In the cases provided for in Section 63 of Act No. 127/2005 Coll., the contract shall also consist of the information provided prior to the conclusion of the contract pursuant to Section 63(1) and the summary of the contract pursuant to Section 63(5), in the case of participants who are consumers or who, prior to the conclusion of the contract, prove their status as a micro-enterprise, small enterprise or non-profit organisation and have not waived their right to these documents.

IV. Provider’s rights and obligations

1. The provider shall:

a) to provide the service to the subscriber to the extent and under the terms and conditions set out in the agreement and these terms and conditions, on a continuous basis on all days of the year, i.e. 24/7/365;

b) maintain the network and the technical equipment used in a condition that complies with the technical and operational standards and conditions set out in generally binding legislation;

c) remedy any defects that may arise, being entitled to use the services of subcontractors;

d) carry out maintenance and repair of faults of the located equipment within the terms and conditions specified for the relevant service in the contract and in these conditions. If the assistance of subcontractors is necessary for maintenance or repair, the provider shall carry out the maintenance or repairs on the terms and conditions set out in the contractual relationship with the subcontractors. All equipment used to connect to the Internet is the property of the provider. The Subscriber leases them. All servicing of these devices is provided by the lessor, i.e. the provider;

e) in the event of a report of non-functioning of the service by the subscriber, the provider shall ensure remedy. If the fault is on the side of the participant, the provider is entitled to charge the costs incurred in connection with the unsuccessful call-out;

f) prior to the commencement of the provision of the service, to warn the subscriber of the consequences of non-payment of the agreed price;

g) perform other obligations under the Agreement, the Terms and Conditions or applicable law.

2. The provider reserves the right to temporarily restrict or interrupt the provision of the service if, as a result of their performance, there would be disproportionate financial or other losses to the provider, in case of suspected violation of the electronic communications act, or illegal conduct of the participant, or in other cases provided for in the agreement, the terms and conditions or legal regulations.
3. The provider’s liability for damages is limited by law; therefore, the provider shall not be obliged to compensate the users of the service for damages if they arise as a result of interruption of the service or defective provision of the service, but only for a discount on the price of the service in accordance with article VI, paragraph 7 of these GTC.
4. The provider may limit or interrupt the provision of the services for a strictly necessary period of time in the event of a breach or threat to the security and integrity of its network, the security of the service, or take other measures specified in the document “Crisis Management and Recovery Plan”, which is available to the subscriber for inspection at the provider.

V. Participant’s rights and obligations

1. The Participant shall:

a) to pay the price for the agreed and provided services on time and properly;

b) provide, at its expense, power to those located facilities which require it for their operation. The subscriber shall be responsible for the appropriate location and satisfactory conditions for the operation of the located facilities, including all necessary wiring and other installations. The subscriber shall secure the consent of the owner of the property (if such owner is a person other than the subscriber) to the installation of the provider’s telecommunications equipment on the premises of such property, including the microwave antenna system;

c) ensure that equipment not supplied by the provider connected to the located equipment complies with the technical and operational standards and conditions set out in generally binding legislation and is only connected by a competent person at any time. The participant shall be liable for damages caused by a breach of this obligation;

d) seek the written consent of the provider before any intended change in the location of the placed equipment, even if only within the building. No change of location may be made without the prior written consent of the Provider unless to avert imminent damage to the deployed equipment;

e) ensure that the placed equipment is not tampered with in any way, its settings are changed, etc. The subscriber shall be liable for damages caused to the provider by changes to the settings of the placed equipment or its own equipment. The participant shall fully compensate the provider for any damage caused to the placed equipment;

f) not to allow third parties, without the prior written consent of the provider, to use the located facilities or to use the services provided to them;

g) take such measures to prevent the misuse of the located facilities or the services provided by unauthorised persons. The subscriber shall be liable for damages and other consequences caused by the misuse of the located facilities or the services provided;

h) to provide the provider with all necessary cooperation for the performance of the subject matter of the agreement. If professional cooperation with the supplier of the participant’s terminal equipment is necessary, the participant shall provide it at the provider’s request and at the participant’s expense;

i) allow the provider access to the located facilities;

j) notify the provider without undue delay of any faults and malfunctions that have occurred during the use of the service or on the located equipment and provide the provider with the necessary assistance in rectifying them;

k) notify the provider of any changes in its legal status, changes in addresses and identification data, or changes in the locations of the subscriber connections within seven days from the time when the change occurred. The subscriber shall be liable for damages caused by a breach of this obligation; this applies in particular to the following:

• any change which requires a party to apply for a change in the registration in the commercial register
• any change in the persons of the statutory bodies, authorised representatives and contact persons
• any change in the validity of the authorisations required for the performance of the contract
• a substantial reduction in the liquidity, technical or operational capacity of the party

l) refrain from using the service to disseminate information that is contrary to the law of the Czech Republic or good morals, including, but not limited to, information containing vulgar sexual themes or violence;

m) to take care that the use of the services does not cause harassment of third parties, in particular by sending unsolicited information, or unjustified interference with the rights of third parties, in particular intellectual property rights;

n) not to use the so-called server connectivity (i.e. connectivity intended exclusively for the subscriber’s servers located in the provider’s datacenter) to mediate the connection of other customers or other devices located outside the premises of the Data Centre;

o) perform other obligations under the agreement, the terms and conditions or applicable law.

2. The participant may transfer its rights and obligations under the agreement to a third party only with the prior written consent of the provider.
3. The participant is not entitled to assign its claims against the provider to another person.
4. The subscriber may order from the provider the installation of internal wiring or the setup of individual computers or other equipment of the subscriber. These services are not included in the set-up fee.
5. The subscriber may request porting (transfer) of telephone numbers. Details on number porting, located on the provider’s website, www.faster.cz. The provider shall not be liable for the obligations of the subscriber to its abandoned operator. Similarly, the provider shall not be liable for delays in the porting of the subscriber’s number that arise on the part of the abandoning operator.
6. The subscriber may request a change of Internet access service provider. Details on the change of internet access service provider, located on the provider’s website, www.faster.cz. The provider shall not be liable for the obligations of the subscriber to its abandoned provider. Similarly, the provider shall not be liable for any delay in changing the Internet access service provider incurred by the abandoning provider.
7. The Data centre operating rules are effective for subscribers who use the provider’s Data Centre services. By signing the agreement, the subscriber confirms that he/she is familiar with the provider’s Data Centre operating rules. The current version of the provider’s DC operating regulations, which is binding for the subscriber and the provider, is posted on the provider’s website. The affected subscriber shall be informed about the change of the provider’s Data Centre operating regulations in the same manner as about the change of the general terms and conditions.

VI. Price and method of charging and payment

1. The subscriber is obliged to pay the price for the agreed and provided services and for other provided services in due and timely manner. The applicable prices for the services provided are set out in the contract or the price list. The subscriber shall pay such price for the service provided as is in force at the time the service is provided.
2. The valid price list is available for inspection at the provider. The provider has the right to unilaterally change the price list. An increase in the price for the services provided must be justified by an increase in the average price on the market for comparable services. The provider shall notify the subscriber of the change at least 1 month before the change takes effect. If the subscriber does not accept the price increase, the subscriber is entitled to terminate the contract from the moment of notification of the changes. In such case, the contract shall terminate on the date of expiry of the original price list. This right of cancellation does not apply to the subscriber if the change is based on a binding legal regulation, a decision of an administrative authority or a court.
3. The prices according to the price list may be increased by the provider annually by the same percentage as the inflation rate determined by the average of the consumer price index for the immediately preceding calendar year, always no earlier than 1 February of each calendar year.

• The basis of calculation will always be the amounts according to the price list valid and effective on the date when the price increase according to this provision of the GTC is notified to the subscriber.
• In the case of periodic payments (e.g. monthly or quarterly), the amount representing the price increase under the price list will be divided into individual periodic payments during that particular year.
• For the purpose of determining the inflationary increase, the data of the relevant state administration authority (now the Czech Statistical Office) shall be decisive.
• The price increase under this provision of the GTC shall be valid and effective always at the moment of delivery of the provider’s notification of the price increase according to the price list under this provision of the GTC to the subscriber. The provider shall be entitled to increase the prices under this provision of the GTC at any time during the calendar year after 1 February.
• The subscriber further acknowledges that a price increase pursuant to this provision of the GTC shall not be grounds for termination of the contract within the meaning of Article VI.2 of the GTC.

4. Prices will be billed and paid as follows:

a) prices for recurring or ongoing services will be billed retroactively for the billing period in which the service was provided. The billing period is one calendar month unless otherwise specified in the contract or the price list;

b) prices for one-off services and for one-off installation, set-up and other activities will be billed immediately after the service is provided or other relevant activity is performed;

c) the billing for the services shall be sent electronically to the e-mail address of the subscriber specified in the contract, either itemised by type of service (with the content in accordance with CTU Decree No. 356/2023 Coll.), or aggregated for all services in one item, at the subscriber’s option; if the subscriber does not make an option, the provider shall send the billing in itemised form;

d) charging will commence from the date of proper provision of the service, whereby:

• For services whose provision is initiated on the basis of commissioning (activation), the price is charged from the date of commissioning until the date of termination of the provision of the service. If the service has not been provided in this way for the entire billing period, the price for the service shall be charged on a pro rata basis for each calendar day of the billing period in which the service was provided.
• For services billed on a metered basis (e.g., by number of minutes called, by electricity consumed in the Data Centre, etc.), the price will be billed for the billing period, which is one calendar month. The values of the measured variables measured by the provider shall be decisive for determining the amount of the price.
• In the case of porting, the date of commencement of the proper provision of the service shall be the date of porting, in the case of assignment of a new telephone number the date of the first call, but at the latest the date of commencement of the provision of the service shall be the first day of the calendar month following the date of signing the agreement.
• The date of commencement of the proper provision of the service and its billing may also be specified in the handover protocol, if a handover protocol is prepared for the service. The handover protocol is generally drawn up for services providing Internet connectivity and Data Centre related services.

d) the provider shall settle the services provided by issuing and sending a tax document (hereinafter referred to as an invoice) with a specified price to be paid and due date to the participant. The invoice shall be issued and sent to the subscriber in the manner agreed with the subscriber (in writing or electronically) within fifteen days of the end of the billing period or, in the case of billing for the price of one-off services and for one-off installation, set-up and other acts, within fifteen days of the provision of the service or the performance of any other relevant activity. The invoice shall be issued in the Czech language and shall contain the requirements of a tax document. The subscriber shall pay the price for the services invoiced by the invoice within 14 days of its delivery to the subscriber, unless otherwise stated on the invoice. In case of doubt as to the delivery of the invoice, the invoice shall be deemed to have been received 3 days after its dispatch;

e) the invoiced price for the service shall be paid by transfer to an account at the provider’s financial institution designated by the provider and shall be deemed to be paid upon crediting the relevant amount to such account.

5. The participant’s failure to pay the invoiced price shall have the following effects:

a) if the dubscriber is in default in payment of the invoiced price, the provider has the right to demand a contractual penalty of 0.05% of the amount due for each day of delay. The subscriber shall bear all costs incurred by the provider as a result of the provider’s collection of its outstanding claims on behalf of the subscriber. The provider’s right to claim compensation for damages by payment of default interest shall not be affected;

b) if the participant is in default of payment of the invoiced price, the provider shall deliver to the participant, at the participant’s expense, a notice indicating an alternative date of performance, which shall not be shorter than 1 week from the date of delivery of the notice. The setting of an alternative performance date shall not affect the participant’s obligation to pay the contractual penalty and interest for late payment from the original performance date pursuant to paragraph 5. a). If the subscriber fails to pay the amount due even within the alternative deadline provided, the provider shall have the right to restrict the provision of the service (except for access to emergency services via emergency communication) until all amounts due for the invoiced price have been paid. In the event that the provider restricts the provided services according to this provision (or a similar provision of the contract regulating (especially specifying) a similar situation – restriction of the provision of the service due to delay in payment of the billed price), and the user subsequently pays all amounts due for the billed price, the provider shall restore the services to the original extent and shall be entitled to charge the user a fee for the restoration of the service in the amount of CZK 500,- including VAT (the fee will be charged on the basis of a tax document – invoice with due date according to Article VI, paragraph 4, letter d) of these GTC). If the subscriber is consistently in default with payment of the price for the Services or consistently fails to pay the price for the services, the provider has the right to withdraw from the agreement and terminate the provision of the services. Consistent late payment means the late payment of at least 2 consecutive overdue price bills and consistent non-payment means at least 3 unpaid price bills;

c) if the subscriber is in default of payment of the purchase price for the delivered equipment or other item for which the ownership right has not yet passed to the subscriber, the provider shall have the right to remove such equipment or such item until full payment of the purchase price. The subscriber shall allow the provider access to such equipment or such item and shall not prevent its removal.

6. If the provider is unable to provide the agreed service due to a proven failure on its side, the total price will be reduced proportionally according to the total hourly duration of the service outage. If the subscriber is unable to use the service due to failures or malfunctions for which the provider is not responsible, the provisions of the preceding sentence shall not apply and the subscriber shall not be entitled to a price reduction or compensation for damages caused by such failures or malfunctions. For the period of limitation or interruption of the service due to a reason on the part of the subscriber, the provider shall be entitled to demand payment of the price in full.
7. In the event that the agreed SLA is not complied with during the billing period due to a reason on the provider’s side, the User shall be entitled to a contractual penalty in the amount of a percentage of the monthly lump sum as follows:

a) SLA for optical connection service

Monthly availability achieved (%)	Penalty (% of monthly flat rate)
over 99.5	0
98.0 – 99.5	10
97.0 – 97.99	20
96.0 – 96.99	30
for every additional 1%	5

b) SLA for microwave service

Monthly availability achieved (%)	Penalty (% of monthly flat rate)
over 99.0	0
98.0 – 99.0	10
97.0 – 97.99	20
96.0 – 96.99	30
for every additional 1%	5

c) SLA for object service

Monthly availability in working days (%)	Penalty (% of monthly flat rate)
over 95.0	0
94.0 – 95.0	10
93.0 – 93.99	20
90.0 – 92.99	30
less than 90.0	50

d) SLA for home service

Monthly availability in working days (%)	Penalty (% of monthly flat rate)
over 95.0	0
94.0 – 95.0	10
93.0 – 93.99	20
90.0 – 92.99	30
less than 90.0	50

e) SLA for Data Centre services

DService availability	Hot-line, fault reporting	Reaction time	Service hours for intervention	Fault clearing time
99.95%	Mo-Su, 0-24	up to 10 minutes	24 hours a day	within 4 hours of reporting the fault

Monthly availability achieved (%)	Penalty (% of monthly flat rate)
over 99.95	0
99.5 – 99.95	10
99.0 – 99.49	20
98.0 – 98.99	30
97.0 – 97.99	50
less than 96.99	100

f) SLA for voice services

Monthly availability achieved (%)	Penalty (% of monthly flat rate)
over 99.0	0
98.0 – 99.0	10
97.0 – 97.99	20
95.0 – 96.99	30
less than 95.0	50

VII. Restriction and interruption of services

1. The provider has the right to limit or temporarily interrupt the provision of the services in cases where:

a) the provision of services is prevented by a circumstance excluding liability, which the provider could not foresee or prevent (force majeure), or in the event that the provision of services is prevented by a decision of a state authority or a court decision or the provision of services is prevented by a change in the applicable legislation;

b) the provider exercises its powers under paragraphs 3 to 11 of this article;

2. In the event of an unjustified interruption or limitation of the provision of services, the subscriber shall be entitled to a discount on the price for the services used pursuant to Article VI, paragraphs 6 and 7.
3. The provider shall be entitled to temporarily interrupt or restrict the provision of the services during necessary rebuilding of technical equipment, routine network maintenance or troubleshooting. Such interruption or limitation shall not be deemed to be a defect or breach of the provider’s obligations and shall not give rise to the right of the subscriber to assert claims for liability for defects or liability for damages.
4. The provider reserves the right to temporarily suspend its services in the event of a suspected violation of the telecommunications act or a violation by the subscriber. The Provider is obliged to inform the subscriber of such interruption without undue delay via the technical contact. Such interruption of services shall not be construed as a failure of the provider to comply with its obligations and shall not give rise to the right of the subscriber to assert claims for liability for defects or liability for damages.
5. The provider shall be entitled to discontinue the provision of services immediately upon discovering that letters, service bills, reminders and other correspondence sent by the provider to the last known address of the subscriber have failed to be delivered or have been refused by the subscriber. The provider’s right to payment of amounts due for the agreed services shall not be affected by any restriction or interruption of services under these terms and conditions.
6. Limitations, interruptions, changes or other irregularities in the provision of the services, which will be known to the provider in advance, shall be notified by the provider in writing or by other appropriate means in advance to the subscriber.
7. Regular time intervals – the so-called “service windows” – are defined to ensure planned maintenance of the equipment and to ensure works related to the development of the technical infrastructure of the provider’s telecommunications network, namely in the following days and hours:

a) Service window “A”: every Tuesday of the odd calendar week from 01:00 to 05:00;

(b) Service window ‘B’: every Saturday of an even calendar week between 14:00 and 19:00.

• The provider is entitled to use the “A” service window without limitation, including work that results in a failure of a large part of the network, which may limit or interrupt the provision of the service.
• Service window “B” is used to perform the above mentioned works, which cannot be performed during night hours, which may also result in the failure of a large part of the network, which may result in limitation or interruption of the provision of the service.

8. The provider undertakes to use service windows, as defined above in paragraph 7 of this article of these GTC, only in cases where the maintenance and development of the technical infrastructure of the telecommunications network cannot be ensured without limitation or interruption of service with reasonable efforts.
9. The provider shall give the subscriber at least one week’s notice of its intention to use the service window. In the event that the restriction or interruption of service associated with the notified use of the service window could cause the User serious harm or damage, the User may request the provider in writing to move the work to another service window.
10. The limitation or interruption of the provision of the service during the period of the duly notified use of the service window shall not be considered as a failure or other defect in the provision of the service within the meaning of the agreement or these GTC and shall not result in a reduction of the service availability parameter, and for this period the User shall not be entitled to any claims for a discount on the price of the service or for a contractual penalty within the meaning of Article VI, paragraph 7 of these GTC, or claims for compensation for other damages.
11. The subscriber is also entitled to limit the service or make other restrictions on the operation of the service, provided that it does so in order to prevent imminent network congestion and to mitigate the effects of exceptional or temporary network congestion, provided that it treats equivalent categories of traffic in the same way.

VIII. Exercise of defect liability rights, defect reporting

1. The provider shall be liable for the fact that the contractually agreed service has been provided in the quality according to the contract or the relevant regulations or has the agreed, prescribed or approved characteristics. In the event that the subscriber considers that the service provided does not correspond in scope or quality to the agreed conditions and therefore has defects, he/she shall have the right to assert liability rights against the provider.
2. The claim shall be made in writing to the provider. In the complaint, the subscriber shall provide his/her identification data, the contract number and a description of the defects complained of.
3. The subscriber shall be entitled to make a claim for the service provided without undue delay, no later than within 2 months from the date of the defective provision of the Service.
4. The subscriber shall be entitled to make a complaint about the billing of the price without undue delay, at the latest within 2 months from the date of delivery of the billing, if the billing of the price is not delivered, then from the date of provision of the service. The filing of a claim shall not have a suspensive effect with respect to the fulfilment of the obligation to pay the billed price; the Czech Telecommunications Office shall be entitled to decide in justified cases that it has a suspensive effect.
5. Complaints about price billing or service provision shall be dealt with within the following time limits:

a) without undue delay, no later than 1 month from the date of delivery of the complaint;

b) if the settlement of the complaint requires negotiations with the foreign subcontractor, no later than 2 months from the date of receipt of the complaint.

6. The amount to which the subscriber is entitled to reimbursement, which has been acknowledged by the provider, will be paid by way of a credit to the price for the services in the next following billing or paid to the subscriber to the account at a financial institution designated by the subscriber within 1 month of the acknowledgement of the claim and the settlement of the claim.
7. If there is a defect in the service provided, the subscriber shall report the defect to the provider without undue delay via the contacts listed below. After the report, the provider shall repair the defect within the response time set out in Article 6(7) of these GTC. If the fault is on the provider’s side, the provider shall bear the cost of repair, otherwise the subscriber shall bear the cost.
8. When detecting or rectifying faults, in particular of the located equipment, the participant is obliged to provide the provider with the necessary cooperation and, within the framework of this cooperation, to allow the provider access to the premises where the located equipment is located, as well as to provide the necessary documentation relating to the located equipment for inspection and to provide all information relevant for the detection and rectification of faults. If the subscriber fails to provide appropriate cooperation under this provision, then the time limits for correcting defects or malfunctions under paragraph 5 of this article of the conditions shall not run until appropriate cooperation is provided to the provider. In such a case, the subscriber shall not be entitled to claim from the provider any reduction in the price for the services provided, contractual penalties or damages, and the provider shall not be obliged to pay anything.
9. Contacts Faster CZ spol. s r.o., Jarní 44g, 614 00 Brno:

• Information and changes to services, contacts, billing, payments, billing claims, service claims tel. 533 433 333, e-mail obchod@faster.cz, working hours Mon-Fri 8.00 a.m. – 4.00 p.m.
• Support, technical information, reporting service faults during working hours, etc. Tel. 533 433 000, 516 116 000, e-mail servis@faster.cz, working hours Mon-Fri 8.00 a.m. – 4.00 p.m.
• Fault services out of office hours, Sat-Sun, holidays tel. 533 433 000 or 516 116 000.

10. When reporting service defects, complaints, reporting changes of addresses and other data, as well as any other communication with the provider, the subscriber is obliged to first report the contract number.

IX. Duration and termination of the contract

1. The contract shall be for a fixed term of one year, unless otherwise provided in the contract or specification.
2. Unless the subscriber notifies in writing that it insists on termination of the contract or there is no other agreement between the parties, the contract shall become a contract for an indefinite term. In such case, however, the provider shall inform the subscriber of the most advantageous prices for the services provided by it, at least once a year,
3. The provider is obliged to inform the subscriber who is a consumer, at the earliest 3 months and at the latest 1 month before the expiry of the fixed-term contract, about the upcoming termination of the contract and about the possibilities of its extension.
4. The contract may be terminated in writing within a notice period of 30 days starting from the date of delivery of the notice to the other party. In case of doubt, the notice shall be deemed to have been delivered to the other party on the third day after dispatch. The provision of the service shall end on the last day of the notice period.
5. In the event of termination of the contract before the expiry of the term (in the case of a fixed term contract) for which the contract is concluded, for reasons on the part of the subscriber, the provider shall be entitled to a contractual penalty of one fifth of the sum of the monthly lump sums or the minimum agreed monthly performance remaining until the end of the agreed term of the contract and the reimbursement of the costs associated with the terminal equipment provided to the subscriber on preferential terms, provided that the subscriber retains such equipment.
6. In the case of a contract with a consumer or an individual entrepreneur, the contractual penalty referred to in the preceding paragraph may only be claimed if the contract is terminated within three months of its conclusion, and the amount of the penalty shall be one twentieth of the sum of the monthly lump sums remaining until the end of the agreed term of the contract or one twentieth of the sum of the minimum agreed monthly payments remaining until the end of the agreed term of the contract, with the amount of the reimbursement calculated on the amount paid during the term of the contract, and if a discount is provided from the list price, the amount of the reimbursement cannot be determined from the list price, and the reimbursement of the costs associated with terminal equipment provided to the subscriber on discounted terms if the Subscriber retains the equipment.
7. The contract shall terminate:

a) by written agreement of the parties;

b) on expiry of the period for which the contract was concluded, if the contract was concluded for a fixed period; the provisions of paragraph 2. are not affected;

c) the expiry of the notice period;

d) withdrawal of the provider from the contract due to a material breach of the terms and conditions by the participant. A material breach of the terms and conditions by the subscriber shall be deemed to be:

• the provision of false or incomplete information by the participant in connection with the conclusion of the agreement;
• consistent late payment of price bills, which means the payment of at least 2 consecutive price bills after the due date, even though the participant has been notified of the delay;
• persistent non-payment of the billed price for services, which shall mean the existence of at least 3 unpaid price bills, although the subscriber has been notified of the default;
• continued use of the service or the located facilities in breach of the agreement or applicable law, despite the subscriber having been notified of this fact by the provider;
• denying the provider access to the located facilities;
• repeated damage, loss or destruction of the provider’s local equipment, even if unintentional;
• repeated breaches by the subscriber of its obligations under article V.1.(l) and (m);
• other cases as provided for in the contract or by law.

e) withdrawal of the subscriber from the contract due to a material breach of the terms and conditions by the provider. A material breach of the terms and conditions by the provider shall be deemed to be:

• false or incomplete information provided by the provider in connection with the conclusion of the contract;
• failure to provide the subscriber with the opportunity to use the service within fifteen days from the agreed time of commencement of the service;
• repeated failure to comply with the network functionality parameters or the service as defined in the contract;
• other cases as provided for in the contract or by law.

f) withdrawal by either party from the contract, where permitted by the contract, the conditions or the law.

8. Upon termination of the agreement, the participant shall immediately return to the provider everything that is the property of the provider or its subcontractors. All claims and liabilities arising from the terminated contract shall be settled by the parties within 30 days after its termination.

X. Data protection, processing of personal data

1. The provider processes personal data in accordance with applicable legislation, i.e. in accordance with Act No. 110/2019 Coll., on the processing of personal data, as amended, and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
2. The provider shall process the participant’s personal data for the purpose of the proper conclusion and performance of the contract, to properly identify the participant. The provider shall process such personal data for the aforementioned purposes for the entire duration of the contractual relationship, or until the rights and obligations under this contractual relationship are fully settled, or for the period of time provided for by or in accordance with the relevant legislation.
3. By signing the contract, the subscriber grants the provider express consent to the processing of his/her personal data and data related to the provision of the service, thereby consenting to the aforementioned lawful processing of personal data. The subscriber may withdraw this consent at any time.
4. The provider also processes personal data and data on the subscriber’s use of the service on the basis of its legitimate interests for marketing purposes related to the provision of the service.
5. In processing personal data, the provider undertakes to:

a) to process personal data only for the purposes and in the manner set out in the terms and conditions and contractual arrangements;

b) ensure that the persons authorised to process personal data are bound by an obligation of confidentiality;

c) take all appropriate technical and organisational measures necessary to ensure the security of the processing of personal data and appropriate to the nature of the processing and the risks involved, in order to prevent, inter alia, unauthorised or accidental access to, alteration, destruction or loss of personal data, unauthorised transfers, other unauthorised processing or other misuse of personal data;

d) delete or return to the subscriber all processed personal data after the termination of the provision of the service, delete all copies of the personal data, if any.

6. In connection with the processing of his/her personal data, the participant has the right to:

a) request information on the categories of personal data processed, the purpose, duration and nature of the processing and the recipients of the personal data;

b) request a copy of the personal data processed;

c) request, if the conditions set out in the relevant legislation are fulfilled, that the personal data be rectified, supplemented or erased, or that their processing be restricted;

d) to the portability of personal data;

not be subject to automated individual decision-making, including profiling;

f) object to the processing of personal data (in particular the processing of personal data for direct marketing, including profiling) and the right to lodge a complaint with a supervisory authority (the Office for Personal Data Protection, more information at https://uoou.gov.cz/).

The subscriber may exercise all the above rights through the contacts published on the provider’s website.

7. All information disclosed to each other or otherwise made known by the parties in connection with the conclusion and performance of the contract and which is not generally available to the public shall be considered confidential. The party to whom such information is disclosed shall not disclose it to any third party or use it in a manner inconsistent with its purpose. This obligation shall survive the termination of the contract. Such information may be disclosed to third parties only pursuant to a legal authorisation or obligation or with the written consent of the other party.
8. Telecommunication secrecy consists of the content of messages transported or otherwise mediated by telecommunication equipment and networks, with the exception of messages intended for the public, operating documents from the content of which the content of the transported messages is evident, as well as data related to the provision of telecommunication services, in particular information about the subscribers of the telecommunication connection (their personal operating and location data). The Provider guarantees compliance with telecommunication secrecy pursuant to Act No. 127/2005 Coll., on Electronic Communications.
9. The provider is obliged to maintain confidentiality with regard to all information on facts subject to telecommunications secrecy and may not obtain such information for purposes other than business purposes. Likewise, the subscriber, if it becomes aware of facts that are the subject of telecommunications secrecy, is obliged to maintain confidentiality about them.
10. The provider may not disclose the subject of telecommunications secrecy to persons other than the sender and addressee of the transmitted messages, or their authorised representative, except to bodies authorised to do so by special legal regulations. Nor shall the provider be entitled to allow other persons to obtain information which is the subject of telecommunications secrecy.
11. In the event of increased requirements for the protection of transmitted data when using the service exceeding the provider’s contractual obligations, it is the subscriber’s responsibility to take appropriate measures to ensure the protection of transmitted data (e.g. by installing encryption software or equipment, etc.).

XI. Dispute resolution

1. Contractual relations between the subscriber and the provider are governed by the legal order of the Czech Republic, in particular Act No. 127/2005 Coll., on electronic communications and on amendments to certain related acts (Act on electronic communications), as amended, and Act No. 89/2012 Coll., the Civil Code, as amended.
2. All disputes arising from the contract shall be resolved by the parties primarily by mutual agreement.
3. The Czech Telecommunications Office (www.ctu.cz) shall have jurisdiction to decide out of court any disputes between the parties that are not resolved amicably concerning electronic communications services. The Czech Trade Inspection Authority (www.coi.cz) shall have jurisdiction to decide disputes concerning technical equipment (hardware).
4. In the event that the provider does not satisfy the complaint pursuant to Article VIII of these GTC, the subscriber or user (anyone who uses or requests a publicly available electronic communications service) is entitled to file a petition with the Czech Telecommunications Office to initiate proceedings to object to the handling of the complaint. The objection against the complaint must be filed without undue delay, but no later than one (1) month from the date of delivery of the complaint settlement to the subscriber or from the date of expiry of the deadline for its settlement. The filing of an objection to a claim shall not affect the subscriber’s obligation to pay the provider the price for the provision of the Service at the rate applicable at the time the Service was provided. However, in justified cases, the Czech Telecommunications Office may decide that the filing of an objection shall postpone the obligation to pay the price for the Service in the amount applicable at the time of provision of the service until the decision on the objection becomes final (the decision on postponement of the obligation cannot be appealed).

XII. Final provisions

1. The provider has the right to unilaterally amend these terms and conditions, but is obliged to notify the subscriber of the amendments at least 1 month before the amendment becomes effective. Notification of the change shall be made by publication in the provider’s premises, in a manner allowing remote access, and by notifying the subscriber in writing of the forthcoming changes. In the event of notification of a proposal for a material change to the terms and conditions or a change to other terms and conditions that constitutes a worsening of the terms and conditions for the subscriber, the subscriber shall have the right to terminate the agreement without penalty on the effective date of the change if the subscriber does not accept the change. The right to terminate the agreement under this provision shall not arise if the change is based on a change in legislation or a decision of the Czech Telecommunications Office.
2. All communications between the parties concerning the conclusion, amendment, supplementation and performance of the contract which may have legal significance shall be in writing.
3. If the contract, the price list or the conditions are also drawn up in a foreign language, the Czech version shall always prevail, unless the parties agree otherwise.
4. In the event of a conflict between the provisions of the contract, including the specification, the price list and the conditions, the provisions of the contract shall prevail over the provisions of the price list and the conditions, and the provisions of the price list shall prevail over the provisions of the conditions.
5. In the event that one or more provisions of these conditions are held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the other provisions of these conditions, which shall be construed as if such illegal, invalid and/or unenforceable provisions did not exist. The provider and the subscriber agree that any illegal, invalid or unenforceable provisions shall be replaced by the legal, valid and enforceable provisions that most closely approximate the meaning and intent of these terms and conditions.
6. The following annexes are also part of these GTC:

• Annex 1 – Definition of service speeds according to EU Regulation 2015/2120 together with the relevant provisions of Directive 2002/22/EC of the European Parliament and of the Council according to the Association of European Regulators for Electronic Communications and based on VO-S/1/08.2020-9
• Annex 2 – Mechanisms for notification and action
• Annex 3 – Internal complaint handling system

7. These general terms and conditions shall become effective and enforceable on September 1, 2024.

Annex No. 1 of the GTC

Definition of service speeds according to EU Regulation 2015/2120 together with the relevant provisions of Directive 2002/22/EC of the European Parliament and of the Council according to the Association of European Regulators for Electronic Communications and on the basis of VO-S/1/08.2020-9.

The achieved quality and speed of the provided Internet access service depends on many factors, namely general technical factors, i.e. factors that are influenced by the provider, factors that are not influenced by the provider or the customer, as well as factors that the customer can directly influence.

Factors affecting the quality and speed of the Internet access service provided include: the data connection technology used and its technological and technical characteristics, weather conditions and adverse weather, the level of Wi-Fi signal coverage, the setting and load of the Wi-Fi network, the technical equipment used by the customer, the nature of the building in which the customer uses the service, the location of the terminal equipment, the Wi-Fi frequency band, the signal propagation path, the random concentration of users, etc.

The maximum speed is the speed corresponding to the download and upload of data, which is determined realistically with respect to the technology used (wireless connection with a radio receiver with antenna/optical FTTH connection/FTTX connection) and its transmission capabilities and with respect to the specific deployment conditions that are limiting for the download and upload direction. The maximum speed is realistically achievable on a given connection or at a given point of connection, with possible variation caused only by the physical characteristics of the endpoint and influencing factors, see below.

• For wireless connections, the influencing factors are weather conditions and adverse weather (heavy rain, wind, snow), Wi-Fi network settings and utilization, location of the terminal device relative to the terrain, forestation, signal propagation path in built-up areas, random concentration of users, then the settings and utilization of the subscriber’s Wi-Fi network, the terminal device used by the subscriber.
• For fibre optic (FTTH/ FTTX) connections, the influencing factors are technical damage to the route of the fibre optic or metallic cable, failure of the provider’s network equipment, the settings and load of the subscriber’s Wi-Fi network, the end device used by the subscriber.

The maximum rate value corresponds to the TCP transport layer throughput according to the ISO/OSI reference model. The unit is kilobits per second (e.g. kbit/s). Verification of the real achievability of the maximum rate value is based on the ITU-T Y.1564 standard.

The above can be expressed by the formula:

where Rmax is the maximum speed, L 4 is the RM ISO/OSI transport layer, L 2 is the RM ISO/OSI link layer, IRCIR+EIR is the resulting information rate according to ITU-T Y.1564 corresponding to the input parameter in the form of the defined value of the maximum speed Rmax (L 1).

The advertised speed is the speed corresponding to downloading and uploading data. The advertised speed shall be stated by the provider in its commercial communications, including advertising and marketing, in connection with the promotion of offers of the Internet access service, and shall be used to refer to the Internet access service when entering into a contractual relationship with a subscriber. The advertised speed value shall not be greater than the maximum speed. The advertised rate value corresponds to the TCP transport layer throughput according to the ISO/OSI reference model. The reported unit is a numeric value in bits per second (e.g. kb/s or Mb/s).

The above can be expressed by the formula:

where Rinzer is the advertised speed, Rmax is the maximum speed, L 4 is the RM ISO/OSI transport layer.

The normally available speed is the speed corresponding to the download and upload of data, which the subscriber can expect and realistically achieve at the time when he uses the service. The value of the normally available speed shall correspond to at least 60 % of the advertised speed and shall be available 95 % of the time during a calendar day. The value of the normally available speed shall correspond to the TCP transport layer throughput according to the ISO/OSI reference model. The reported unit is a numerical value in bits per second (e.g. kb/s or Mb/s).

The above can be expressed by the formula:

where BDR is the commonly available rate, Rinzer is the advertised rate, L 4 is the RM ISO/OSI transport layer.

Minimum speed means the lowest download or upload speed that the provider has contractually agreed to provide to the subscriber. The minimum speed value corresponds to at least 30 % of the advertised TCP transport layer throughput value according to the ISO/OSI reference model, i.e. the download or upload speed does not fall below the minimum speed value. The unit of measure is a numerical value in bits per second (e.g. kb/s or Mb/s).

The above can be expressed by the formula:

where SDR is the actual achieved rate corresponding to the TCP throughput value, Rmin is the minimum rate, Rinzer is the advertised rate, L 4 is the RM ISO/OSI transport layer.

In terms of the definition and specification of the deviation, it is defined as follows according to General Authorisation No. VO-S/1/08.2020-9:

A large sustained deviation from the normally available download or upload speed is considered to be a deviation that produces a continuous drop in the performance of the Internet access service, i.e. a drop in the actually achieved speed corresponding to the measured TCP throughput below the defined value of the normally available speed at an interval of more than 70 minutes.

The above can be expressed by the formula:

where SDR is the actual achieved speed corresponding to the TCP throughput value, BDR is the commonly available speed, L 4 is the RM ISO/OSI transport layer. TBDR denotes the length of the interval of the exceedance of the value of the normally available rate corresponding to the start time of the measurement process, when the value of the actual transmission rate is lower than the defined value of the normally available rate.

A large recurring deviation from the normally available download or upload speed is defined as a deviation in which there are at least three drops in the actual achieved speed corresponding to the measured TCP throughput below the defined value of the normally available speed at an interval greater than or equal to 3,5 minutes in a 90-minute period.

The above can be expressed by the formula:

where SDR is the actual achieved rate corresponding to the TCP throughput value, BDR is the normally available rate, L 4 is the RM ISO/OSI transport layer, tx (x ϵ N+ ) denotes the test start time at which the actual achieved rate fell below the normally available rate, TBDR denotes the length of the overshoot interval corresponding to the start time of the measurement process when the actual speed is below the defined value of the normally available speed, TTestB is the length of one test within the measurement process.

Latency is the delay between a request to perform an action and the point at which that request is processed. In practice, it is the time it takes for a data packet to travel from the sending location to the destination location. In user terms, it is the delay between an action (e.g., a mouse click) and the response of the device (opening a window).

Latency is usually calculated in milliseconds (ms). The provider shall maintain the available quality of service at such a level that the latency is as low as possible, up to a maximum of 60 ms for
wireless Internet connection and up to 15 ms for fibre optic Internet connection.

Packet loss is a data transmission error consisting of a portion of the data (packets) not being delivered to its destination. In user terms, it can cause, in particular, image dropout and/or dropouts when watching video or video calls. The provider shall maintain the network so that packet loss is less than 1 %.

Data transmission quality variation is the variation in the length of packet delay as packets traverse the network. The impact of higher fluctuations can be network instability. The provider shall maintain the network to keep quality fluctuations as low as possible.

Transfer speeds – fixed network

Symmetrical guaranteed connection with 1:1 aggregation

Tariff (Mbps)	Speed (Mbps)	Speed (Mbps)	Speed (Mbps)	Speed (Mbps)	Speed (Mbps)	Speed (Mbps)	Speed (Mbps)	Speed (Mbps)
	advertised	advertised	maximum	maximum	commonly available	commonly available	minimum	minimum
	download	upload	download	upload	download	upload	download	upload
5/5	5	5	5	5	4.5	4.5	2.5	2.5
10/10	10	10	10	10	9	9	5	5
20/20	20	20	20	20	18	18	10	10
50/50	50	50	50	50	45	45	25	25
100/100	100	100	100	100	90	90	50	50

Shared connection with 1:10 aggregation

Tariff (Mbps)	Speed (Mbps)	Speed (Mbps)	Speed (Mbps)	Speed (Mbps)	Speed (Mbps)	Speed (Mbps)	Speed (Mbps)	Speed (Mbps)
	advertised	advertised	maximum	maximum	commonly available	commonly available	minimum	minimum
	download	upload	download	upload	download	upload	download	upload
100/100	100	100	100	100	60	60	30	30
200/200	200	200	200	200	120	120	60	60
400/400	400	400	400	400	240	240	120	120

Shared connection with 1:5 aggregation

Tariff (Mbps)	Speed (Mbps)	Speed (Mbps)	Speed (Mbps)	Speed (Mbps)	Speed (Mbps)	Speed (Mbps)	Speed (Mbps)	Speed (Mbps)
	advertised	advertised	maximum	maximum	commonly available	commonly available	minimum	minimum
	download	upload	download	upload	download	upload	download	upload
30/10	30	10	30	10	24	8	15	5
50/20	50	20	50	20	40	16	25	10
100/30	100	30	100	30	80	24	50	15

Information on tariffs (fixed network) in terms of their use:

• From 2Mbps/2Mbps – email communication, web browsing
• From 5Mbps/5Mbps – any activity on a single device except watching high definition video
• From 10Mbps/5Mbps – simultaneous use of 2 devices From 30Mbps/10Mbps and above – watching TV, multiple connected devices, downloading large amounts of data any tariff above 5Mbps is suitable for 1 camera operation
• Faster CZ also provides VoIP voice services. It provides these to its customers on a dedicated data line, so internet speeds are not affected.
• The simultaneous use of a dedicated service (IPTV, VoIP from another provider) can reduce the speed of Internet access by the data flow to each device on which the dedicated service using the same access is currently being used.
• Examples: For optical network – if the total current connection speed is 100 Mbps and you are watching IPTV via a set-top-box in HD quality (with a bitrate of approx. 15 Mbps for HD quality), the internet access speed can be reduced to 85 Mbps.
• For wireless network – if the total current connection speed is 12 Mbps and IPTV is being watched through a set-top box in HD quality (with a bitrate of approx. 6 Mbps) and one mobile device (with a bitrate of approx. 3 Mbps per device), the Internet access speed may be reduced to 3 Mbps.

Information on traffic control measures:

The provider uses specific technical means to monitor the electronic communications network in order to ensure its security. In particular, it monitors non-standard data flows and evaluates whether they are a cyber-attack, spam or a manifestation of malware.

In case of detection of such an incident, the provider is entitled to temporarily restrict the service.

Furthermore, the provider shall be entitled to control the data flow in the network if network monitoring detects the transmission of an unreasonably high volume of data, and in particular to avoid congestion on backbone links.

For this purpose, the provider is entitled to temporarily limit the network traffic to allow optimal use of the Internet connection service by all users. In taking such measures, the provider shall avoid any discrimination and shall always treat the same category of users equally and limit their traffic proportionately.

Traffic management may result in a temporary reduction in the level of quality of service, in particular a limitation of the maximum download and/or upload speed, increased latency (response time) or increased packet loss and fluctuations in transmission quality. Practical impacts may include reduced speed of downloading or uploading files to cloud storage, reduced image quality of video playback, increased response time (latency) when playing video games or, for example, degradation of audio quality or dropouts during a video call.

In the event of a persistent or regularly recurring deviation in the actual performance of the service in terms of the quality parameters of the service, this shall constitute a defective performance within the meaning of the civil code and the User shall have the right to have the defect remedied, a discount on the price of the service and/or the right to withdraw from the contract.

Annex No. 2 of the GTC

Notification and action mechanisms under REGULATION (EU) 2022/2065 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Regulation)

The company Faster CZ spol. s r.o., ID No.: 607 22 266, registered office Jarní 1064/44g, Maloměřice, 614 00 Brno (hereinafter referred to as the “Provider“), as a provider of information society services, is an obliged entity within the meaning of the Digital Services Regulation. By this document, the Provider instructs the recipients of services within the meaning of Article 16 of the Digital Services Regulation on the mechanisms for notifying the occurrence of specific information within the services provided that the notifier considers to be illegal content.

What is considered illegal content?

Unlawful content is any information which, in itself or in relation to a particular activity, including the sale of goods or the provision of services, does not comply with European Union law or the law of a Member State, regardless of the precise subject matter or nature of that law.

Any information that is contrary to the terms and conditions of the service in question shall also be considered illegal content.

Who is entitled to make a notification of illegal content?

Any person who believes that any information is illegal content. This person may be any natural or legal person, including public authorities, EU authorities and authorities of EU Member States, in particular recipients of the Provider’s services.

What are the elements of an illegal content notification?

The whistleblower must include in his or her notification of illegal content at least:

a) a sufficiently substantiated explanation of why the notifier claims that the information in question constitutes illegal content;

b) a clear indication of the exact electronic location of the information, such as the exact uniform URL or URLs, and, where necessary, additional information to identify the illegal content depending on the type of content and the specific type of hosting service;

c) the name of the person or entity making the notification and their email address, except in the case of information that is deemed to constitute one of the offences listed in Articles 3 to 7 of Directive 2011/93/EU (offences of sexual abuse, offences of sexual exploitation, offences of child pornography, offences of grooming for sexual purposes);

d) a statement confirming that the person or entity making the report has a good faith belief that the information and allegations contained in the report are accurate and complete.

How do I make a notification?

You can report illegal content by contacting:

a) form (preferred);

b) at a contact according to the Single Point of Contact.

What happens after the notification is received?

The provider will send an acknowledgement of receipt of the notification to the notifier without undue delay to the email address provided in the notification. This does not apply if the notifier does not provide an email address in the notification.

The provider will then examine the notification and decide on any measures to prevent the dissemination of illegal content. This decision may include, in particular:

a) a decision whether or not to remove the information in question or to make it inaccessible or to limit its visibility or to assign it a lower search ranking;

b) the decision whether or not to suspend or terminate the provision of the service to the recipients, in whole or in part;

c) the decision whether or not to suspend or terminate the accounts of beneficiaries;

d) a decision whether or not to suspend, terminate or otherwise restrict the ability to monetise information provided by a beneficiary;

e) a decision to postpone the notification, in particular because the Provider, after due examination of the notification, concludes that it does not contain illegal content.

In the event that some Service Recipients frequently provide apparently illegal content, the Provider may also decide to suspend the provision of services to such recipients.

The Provider shall promptly notify the notifier and the person(s) concerned of its decision and provide them with information about the remedies available to them in relation to the decision.

What will be the content of the decision?

The content of the decision will be the action taken and the reasons for that action.

In particular, the decision will include:

a) whether the decision involves removing the information, making it inaccessible, downgrading it in searches, restricting its visibility or suspending or terminating monetary payments in relation to the information or imposing other measures in relation to the information, and, where relevant, the territorial scope of the decision and the duration of its validity;

b) the facts and circumstances on which the decision is based, including, where relevant, whether the decision was taken on the basis of a notification or on the basis of a voluntary own-initiative investigation, and, if necessary, the identity of the notifier

c) where relevant, information on the use of automated procedures in taking the decision, including whether the decision was taken in the light of content identified or detected by automated procedures;

d) where the decision relates to allegedly unlawful content, a reference to the relevant legal basis and an explanation of why the information is considered to be unlawful content on that basis;

e) if the decision is based on the incompatibility of the information with the contractual terms of the provider, a reference to the relevant contractual basis and an explanation of why the information is considered incompatible with the relevant provision(s);

f) clear and user-friendly information on the remedies available to the recipient of the service with regard to the decision, in particular through internal complaint mechanisms, out-of-court dispute resolution and judicial redress, where appropriate.

What if I disagree with the decision?

In this case, you can use the internal complaints system or you can contact one of the out-of-court dispute resolution bodies.

Who is the out-of-court dispute resolution body?

The out-of-court dispute resolution body can be any body certified for this purpose by the National Digital Services Coordinator. In the Czech Republic, the National Coordinator of Digital Services is the Czech Telecommunications Office.

However, the out-of-court dispute resolution body is not entitled to impose binding dispute resolution. In the event that the dispute is not resolved out of court, you will have to apply to the court of competent jurisdiction.

Annex No. 3 of the GTC

Internal complaint handling system pursuant to REGULATION (EU) 2022/2065 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Regulation) and REGULATION (EU) 2021/784 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2021 on combating the dissemination of terrorist content online

PREAMBLE

The company Faster CZ spol. s r.o., ID No.: 607 22 266, registered office Jarní 1064/44g, Maloměřice, 614 00 Brno, as a provider of information society services, is an obliged entity within the meaning of the Digital Services Regulation and the Regulation on combating the dissemination of terrorist content online.

By this document, the Provider adopts an internal system for handling complaints within the meaning of Article 20 of the Digital Services Regulation and Article 10 of the Regulation on combating the dissemination of terrorist content online.

1. Definition

1.1. “Provider” for the purposes of this internal complaint handling system means Faster CZ spol. s r.o., ID No.: 607 22 266, registered office Jarní 1064/44g, Maloměřice, 614 00 Brno;

1.2. “Services” for the purposes of this internal complaint handling system means:

a) a “simple transmission” service consisting in the transmission of information provided by the Service Recipient over a communication network or in the provision of access to a communication network;

b) a ‘caching’ service, which consists of the transmission of information provided by the Service Recipient over a communications network and includes the automatic temporary temporary storage of information, which is only for the most expedient subsequent transmission of information to other recipients upon their request;

c) a ‘hosting’ service, which consists of the storage of information provided by a Service Recipient at the Service Recipient’s request;

1.3 “Service Recipient” means, for the purposes of this Internal Complaints Handling Scheme, any natural or legal person using the Provider’s Services;

1.4 For the purposes of this Internal Complaints Handling System, “Unlawful Content” means any information which, in itself or in relation to a particular activity, including the sale of goods or provision of services, is not in accordance with Union law or the law of a Member State, regardless of the precise subject matter or nature of that law, as well as information which contravenes the Terms of Service;

1.5. “Unauthorised interference with information systems” means, for the purposes of this Internal Complaints Handling Scheme, the deliberate and unauthorised deletion, corruption, degradation, alteration or suppression of computer data in an information system or the making of such data inaccessible, as well as the disruption or interruption of the operation of an information system by the input or transmission of computer data, damaging, deleting, degrading, altering, suppressing or making inaccessible, and unauthorised monitoring of non-public transmissions of computer data to, from or within an information system by technical means, including electromagnetic radiation from an information system carrying such computer data;

1.6 For the purposes of this Internal Complaints Handling System, “Terrorist Content” means one or more of the following types of material, namely material that:

a) incites the commission of any of the offences listed in Article 3(1)(a) to (i) of Directive (EU) 2017/541, which are:

• life-threatening attacks resulting in death;
• attacks threatening the physical integrity of a person;
• kidnapping or hostage-taking;
• causing widespread damage to government or public facilities, the transportation system, infrastructure, including the information system, a fixed platform on the continental shelf, a public place or private property, which may endanger human life or result in significant economic loss;
• the seizure of an aircraft, ship or other means of public or freight transport;
• manufacture, possession, acquisition, transport, delivery or use of explosives or weapons, including chemical, biological, radiological or nuclear weapons, as well as research and development of chemical, biological, radiological or nuclear weapons;
• the discharge of dangerous substances or the setting of fires, the causing of floods or the causing of explosions resulting in danger to human life;
• disruption or interruption of the supply of water, electricity or any other essential natural resource resulting in a threat to human life;
• unauthorised interference with information systems, where committed intentionally and where the attack has affected a large number of information systems, using a tool used to gain unauthorised access to information systems, to alter information systems or to monitor information system data without authorisation;
• unauthorised interference with information systems where it is committed in the context of a criminal conspiracy, where serious damage has been caused or where it has been committed against a critical infrastructure information system;

where such material directly or indirectly, for example by glorifying such terrorist offences, advocates the commission of terrorist offences and thereby creates a risk that one or more such offences may be committed;

b) recruits a person or a group of persons to commit or contribute to the commission of any of the offences referred to in Article 3(1)(a) to (i) of Directive (EU) 2017/541;

c) recruits a person or a group of persons to participate in the activities of a terrorist group within the meaning of Article 4(b) of Directive (EU) 2017/541;

d) provides instructions for the manufacture or use of explosives, firearms or other weapons or harmful or dangerous substances, or other specific methods or techniques, for the purpose of committing or contributing to the commission of one of the offences referred to in Article 3(1)(a) to (i) of Directive (EU) 2017/541;

e) threatens to commit any of the offences referred to in Article 3(1)(a) to (i) of Directive (EU) 2017/541;

1.7 For the purposes of this Internal Complaint Handling System, “Notification” means a notification of Illegal Content made by any natural or legal person through the notification mechanisms established by the Provider;

1.8. “Notifier” for the purposes of this Internal Complaints Handling System means any natural or legal person who has made a Notification through the notification mechanisms established by the Provider;

1.9. “Complainant” for the purposes of this Internal Complaints Handling Scheme means any natural or legal person who has made a complaint to the Provider in accordance with these Rules.

2. Provider’s decision

2.1 If the Provider, based on its own investigation or on a notification, concludes that the information transmitted or stored through the Service provided by the Provider has illegal content or is in violation of the Provider’s contractual terms and conditions, the Provider is entitled to issue the following decision:

a) a decision whether or not to remove the information in question or to prevent access to it or to restrict its visibility;

b) the decision whether or not to suspend or terminate the provision of the service to the Recipients, in whole or in part;

c) the decision whether or not to suspend or terminate the Recipients’ accounts;

d) a decision whether or not to suspend, terminate or otherwise restrict the ability to monetise information provided by a Beneficiary;

e) the decision whether to postpone the notification, in particular because the Provider, after due examination of the notification, concludes that it does not contain illegal content;

f) in the event that some Service Recipients frequently provide manifestly illegal content, the Provider may also decide to suspend the provision of services to such recipients, in whole or in part, for a reasonable period of time.

3. Complaint

3.1 A complaint may be lodged against the decision referred to in paragraph 2.1(a) to (f).

3.2 A complaint may be lodged by:

a) the recipient of the service; and

b) the person or body who made the notification (the Notifier).

3.3 The time limit for making a complaint is six (6) months from the date on which the decision under paragraph 2.1 is notified to the Service Recipient and/or the Notifier.

4. Complaint handling

4.1 The Provider shall deal with the complaint in the shortest possible time, in a non-discriminatory, diligent and non-arbitrary manner.

4.2 If the Provider, upon investigation of the complaint, concludes that its decision under paragraph 2.1. is incorrect, the Provider shall rescind the decision and, if appropriate, take other appropriate action (e.g. take another appropriate decision under paragraph 2.1.).

If the Provider, upon investigation of the complaint, concludes that its decision under paragraph 2.1. is correct, the Provider shall drop the complaint.

4.3 The Provider shall inform the complainant and the Service Recipient of the resolution of the complaint, including the reasons for its decision.

5. Special conditions for reporting and handling complaints about terrorist content

5.1 The Provider has zero tolerance for the dissemination of Terrorist Content through its Services.

5.2 In the event that the Provider discovers the dissemination of Terrorist Content through its Services, the Provider shall take any of the following measures:

a) remove the Terrorist Content; or

b) disable access to the Terrorist Content.

5.3 Even if the Terrorist Content is removed or access to it is prevented, the Provider shall back up the Terrorist Content and make a notification to the relevant public authorities.

The data shall be backed up for a period of six (6) months, which period may be extended by the relevant public authority for the time necessary for the purposes of ongoing administrative or judicial proceedings.

5.4 The Recipient of the service, or the user who is the owner of such content, or the one who distributes such content through the Provider’s Service, is informed about the adoption of the measure. At the request of such User, the Provider shall also inform the User of the reasons for taking the measure and/or send the User a copy of the order to remove the Terrorist Content.

5.5 The competent public authorities are entitled to decide in the removal order that information about the adoption of the measure and/or the reasons for the adoption of the measure and the sending of the relevant removal order shall not be made public for as long as is strictly necessary, but for a maximum period of six (6) weeks. This period may be extended for a further six (6) weeks if non-disclosure is still justified.

5.6 A User against whom one of the measures against the dissemination of Terrorist Content has been applied is entitled to contact the Provider with a complaint against the removal of the content or the impossibility of access to the content, requesting that it be restored or re-enabled.

5.7 The Provider is obliged to promptly investigate all received complaints and without undue delay restore the removed content or restore access to it in cases where its removal or prevention of access to it was unjustified. Otherwise, the Provider shall defer the complaint. The Provider shall inform the complainant of the outcome of the investigation within two (2) weeks of receipt of the complaint.

6. Out-of-court dispute resolution

6.1 Beneficiaries of the service, including persons or entities that have submitted notifications to which decisions under paragraphs 2.1, 4.2, 5.1 and/or 5.6 are addressed, have the right to apply to the relevant out-of-court dispute resolution bodies to settle disputes relating to those decisions, including complaints that have not been resolved through the internal complaints system.

6.2 The out-of-court dispute resolution body may be any body certified for this purpose by the National Digital Services Coordinator (in the Czech Republic, the Czech Telecommunications Office).

6.3 Both the Provider and the persons referred to in paragraph 6.1. undertake to cooperate with the selected entity for out-of-court dispute resolution.

6.4 The out-of-court dispute resolution entity shall not have the power to impose a binding dispute resolution.

Effective 1 September 2024