General Terms and Conditions of NEOSHIP s.r.o.

1.1. These General Terms and Conditions govern the legal relations arising between the Procurer and the Customer in the procurement of domestic or international transport of consignments through the software application available on the website www.aplikacia.neoship.sk (hereinafter referred to as the "GTC") and apply to contracts concluded between the Procurer and the Customer.

1.2. For the purposes of these GTC, the following definitions apply:

1.2.1. The Procurer means the company NEOSHIP s.r.o., with registered office at: Miletičova 23, 821 09 Bratislava - mestská časť Ružinov, IČO (company ID): 50 286 820, registered in the Commercial Register of the District Court in Žilina, section: Sro, insert no. 65476/L, bank details: Tatra banka, a.s., IBAN: SK2911000000002948022430, which is the operator of the on-line shipping system NEOSHIP;

1.2.2. The Customer means a natural person or a legal entity who, through the NEOSHIP service, within the client zone and the established client account on the website www.aplikácia.neoship.sk, enters and orders the procurement of domestic or international transport of a consignment/consignments by the Procurer in accordance with these GTC;

1.2.3. The Carrier means a company listed in point 2.3. of these GTC providing courier services and carrying out the delivery of consignments entered by the Customer into the internet shipping system NEOSHIP, through which the Procurer arranges the transport;

1.2.4. Neoship is a software application available at www.aplikacia.neoship.sk intended for the electronic on-line processing of consignments entered into the system by the Customer and for transferring consignment data directly into the system of the Carrier for the purpose of procuring the transport of the entered consignments;

1.2.5. The Website means the website www.aplikacia.neoship.sk on which the Procurer operates the services of the Neoship shipping system, intended for the procurement of consignment transport;

1.2.6. A Consignment means an item or a set of items designated by the Customer for transport from a specific place (place of dispatch) to a designated recipient of the consignment at the place of destination (place of delivery). The Customer specifies the type of consignment and selects and indicates the method and the requested time of transport of the consignment;

1.2.7. The Contract means the service contract on the procurement of domestic or international transport of consignments within the Neoship system, concluded in accordance with these GTC between the Procurer and the Customer;

1.2.8. The Credit account means an account identified by a unique numerical designation, established by the Procurer for the Customer within the client account when using the on-line shipping system Neoship, to which the Customer will pay advances for future procurement of consignment transport identified by the assigned numerical designation, and from which the prices for individual procurements of transport will also be paid.

1.2.9. Personal data – data relating to a natural or legal person (hereinafter referred to as "data subjects") who can be identified directly or indirectly, in particular on the basis of a generally applicable identifier or another identifier, such as name and surname, business name, place of residence, registered office, date of birth, birth number, IČO, DIČ, telephone number, e-mail, location data or an online identifier (IP address, cookies, login data for online services.

1.2.10 Procurement of transport – transport is deemed to be procured at the moment when a tracking number of the Carrier is assigned to the consignment data created by the user in the client account. At the same time, a shipping label for the parcel bearing this tracking number is generated for the Customer.

1.2.11. Price list of the Procurer – a document of the Procurer containing all fees of the Procurer related to the use of its services, the provision of technical support and software updates, including payments for individual services and the scope of functionality provided by the Procurer through Neoship. The current price list of the Procurer is published and available on the website www.neoship.sk as well as directly in the Neoship application. Individual fees and payments for services are deducted either directly from the credit account of the Customer or will be invoiced to the Customer individually outside the credit account. The Customer is obliged to pay such invoices directly to the Procurer outside the credit account.

1.2.12 Activation fee – a one-off fee for setting up the client and credit account and for ensuring the technical interconnection with the other systems of the Procurer and the Customer. This fee is also charged in the event of re-registration of the Customer (change of the s.r.o., IČO, etc.)

1.2.13 Monthly fee – covers technical support, maintenance and updates of the Neoship system and of the related systems and interconnections.

1.2.14 Fee for the procurement of consignment transport – for the procurement of transport of each individual consignment through the Neoship service, the Procurer is entitled to a price determined on the basis of the Price list for the procurement of transport.

1.3. These GTC define and specify the basic rights and obligations of the contracting parties when concluding a contract through the registration form or when concluding written contracts through a sales representative. The Procurer undertakes to procure domestic or international transport of consignments for the Customer and the Customer undertakes to pay the Procurer, for the use of its services, the agreed remuneration in the amount stated in the current price list of the Procurer or in the amount agreed in the individual contract concluded between them.

1.4. The provisions of the GTC form an inseparable part of the contract and are always available within the established client account of the Customer. Provisions differing from the provisions of these GTC may be agreed upon when concluding the contract. Such differing provisions agreed in the contract take precedence over the provisions of these GTC. The Procurer is entitled to amend or supplement the wording of the GTC. The rights and obligations of the contracting parties are always governed by the current wording of the terms and conditions, which will be communicated to the Customer sufficiently in advance, but no later than one week before they take effect, either by e-mail or by an electronic message available in the client account. If the Customer does not agree with the current wording of the GTC, the Customer has the right to withdraw from the contract. The rights and obligations of the contracting parties are further governed by the terms of use of the client account established on the website and by the conditions and instructions stated within the client account and its functionalities.

2.1. On the basis of the declared interest of the Customer in using the Neoship service (by telephone, e-mail, online form or in person), the Procurer will send the Customer a registration form together with a proposal to conclude a service contract and the conditions for using the Neoship internet service, including a price offer and these GTC, with which the Customer is obliged to become duly acquainted. After completing and submitting the registration form, the Customer is obliged to pay the activation fee on the basis of an electronic invoice sent by the Procurer to the e-mail address entered by the Customer in the registration form. By submitting the registration form and, at the same time, by the crediting of the activation fee to the bank account of the Procurer, the Customer expresses unconditional consent to the GTC of the Procurer. At the same time, the Customer expresses consent to the price list of the Procurer or to an individual price offer and to the conditions for using the online shipping system Neoship. Within the registration form, the Customer is obliged to state and complete all required data, including the contact details of the statutory body of the Customer or of the person authorised to act on behalf of the Customer, as well as of other responsible persons who will have access to the user account within the Neoship system, and to enter the e-mail address to which the access credentials will be sent. If the Customer is a natural person, the Customer is obliged to confirm that he or she is at least 18 years of age. Without confirmation of the corresponding age, the Procurer will not accept the completed registration form. The data stated in the registration form must be true and complete.

2.2. The Procurer will consider the confirmation of the proposal to conclude the contract incomplete and will disregard it if:

2.2.1. in the registration form, the Customer does not complete all mandatory and required data pursuant to point 2.1. of these GTC, including the age of the Customer;

2.2.2. in the registration form, the Customer does not indicate unconditional agreement with these GTC in accordance with point 2.1. of these GTC;

2.2.3. in the registration form, the Customer states incomplete or untrue data.

2.2.4. the Customer does not pay the activation fee on the basis of the electronic invoice sent by the Procurer pursuant to point 2.1.

2.3. By completing and submitting the registration form and, at the same time, by paying the activation fee, the Customer acknowledges that the domestic or international transport entered by the Customer will be provided through the selected carriers, which may be the following companies:

a) Slovak Parcel Service, s.r.o. with registered office at: Senecká cesta 1, 900 28 Ivanka pri Dunaji, IČO: 31 329 217, registered in the Commercial Register of the District Court Bratislava I., section Sro, insert no. 3215/B

b) EXPRESS ONE SLOVAKIA, s.r.o., with registered office at: Senecká cesta 1, 900 28 Ivanka pri Dunaji, IČO: 31 342 621, registered in the Commercial Register of the District Court Bratislava I., section Sro, insert no. 4376/B

c) GLS General Logistics Systems Slovakia s.r.o. with registered office at Budča 1039, 96233 Budča, IČO: 36 624 942, registered in the Commercial Register of the District Court Banská Bystrica, section Sro, insert no. 9084/S

d) Packeta Slovakia s. r. o., with registered office at: Sliačska 1E, 831 02 Bratislava – mestská časť Nové Mesto, IČO: 48 136 999, registered in the Commercial Register of the District Court Bratislava I., section Sro, insert no. 105158/B.

e) Direct Parcel Distribution SK s.r.o., with registered office at Technická 7, 821 04 Bratislava, IČO: 35 834 498, registered in the Commercial Register of the District Court Bratislava I., section Sro, insert no. 26367/B

f) Slovenská pošta, a.s., with registered office at Partizánska cesta 9, 975 99, Banská Bystrica, IČO: 36 631 124, registered in the Commercial Register of the District Court Banská Bystrica, section Sa, insert no. 803/S

The Procurer has concluded a separate cooperation agreement with the above carriers, whereby future cooperation with other carriers is not excluded either. In such a case, the Customer will be able to choose the carrier when entering consignments into the Neoship system.

2.4. The Customer acknowledges that the transport of domestic consignments is governed by the business and transport conditions of domestic transport of the Carrier and that the transport of international consignments is governed by the transport conditions of international transport of the Carrier. The transport conditions of the Carrier are available in the Neoship application in the documents section.

2.5. The Procurer will usually, within 7 working days of receiving the duly completed registration form and of the crediting of the full amount of the activation fee to the account of the Procurer, set up a client account for the Customer within the Neoship service, part of which will be a credit account identified by a unique numerical designation. The Procurer will send the Customer the login (access) credentials for the established client account to the e-mail address pursuant to point 2.1 of this article of the GTC. The Customer is obliged to keep the access credentials to the user account secret, to protect them and to take all steps to prevent their misuse or loss. The Customer is entitled to disclose these credentials only to the persons designated in the registration form and is responsible for providing the login credentials to other persons not designated by the Customer or to third parties in the event of their misuse.

2.6. Together with the login credentials, the Procurer will also make available to the Customer the use of data transfer via API, whereby when using this data transfer the Customer must follow the rules and instructions of the Procurer.

2.7. The Customer understands that after the activation of the client account, a data connection will be created between the client account of the Customer established in the Neoship system and the systems of the Carrier for the registration and processing of consignments. The Customer acknowledges that in relation to the Carrier it acts in its own name and on its own account. The Procurer is obliged solely to procure the transport of consignments for the Customer by the Carrier; however, it does not act as an intermediary, does not represent the Customer and does not act on the account of the Customer in connection with the transport. The Procurer has the right to cancel the client account of the Customer without compensation for damage or lost profit if good morals, applicable legal regulations or these GTC are being breached through the client account of the Customer.

3.1. Through the client account, the Customer enters into the Neoship system the mandatory and, where applicable, the preferred data on the consignments whose transport is to be procured.

3.2. The Procurer ensures the transfer of data relating to the entered consignments into the system of the Carrier. The Procurer is not responsible for the correctness of the data provided/entered into the system by the Carrier, nor for the correctness of the data entered into the system by the responsible persons designated by the Customer. The Procurer is not liable for any damage or lost profit incurred by the Customer as a result of data entered incorrectly, incompletely or inaccurately in this way. The Customer alone is exclusively responsible for the correct implementation of the data connection via API and for the effective implementation of exports/imports, as well as for the correctness of the data provided to the Carrier. If, after entering the data into the system, the Customer discovers an error or enters incorrect, incomplete or indeterminate data, the Customer resolves the situation thus arising directly with the Carrier; the Customer likewise resolves any complaints related to the delivery of consignments and similar matters independently with the Carrier.

3.3. The Procurer is obliged to procure the transport of a consignment after the electronic order has been entered pursuant to point 3.1. of this article of the GTC, no later than the following working day after it has been requested. Clicking the button intended for printing the shipping labels for the parcels for which the transport is to be procured is deemed to be such a request. Transport is deemed to have been procured if a tracking number from the system of the Carrier is assigned to the consignment created by the user pursuant to point 3.1. of these GTC. At the same time, a shipping label for the parcel bearing this tracking number is generated for the Customer. The method and time of collection of consignments is agreed individually between the Customer and the Carrier. The Customer is aware that the criteria for packaging consignments as well as other requirements relating to the transport of consignments are governed by the transport conditions of the respective carrier, as stated in point 2.4. of these GTC. Should the Customer breach these conditions, the Customer is fully liable for the damage incurred.

3.4. The Customer acknowledges and agrees that the Neoship system also includes other functionalities that use the systems and services of third parties. The Customer may also use the functionalities provided within the Neoship system for marketing activities and surveys. In order to obtain the consent of the data subjects to the processing of their personal data for marketing purposes, the Customer is obliged to indicate for each and every data subject whether that person has granted express consent to the processing of personal data for these purposes, or whether such consent has been withdrawn or has not been granted at all. The Customer is obliged to inform the Procurer of these facts immediately, or to enter this information directly into the Neoship system. Regardless of the reason, if no unambiguous consent of the data subject to the processing of personal data for marketing and survey purposes is defined for a consignment or elsewhere, the Procurer must not use the personal data of that data subject for these purposes.

4.1. The Procurer is entitled to remuneration for its services and for the procurement of the transport of consignments through the Neoship system. The Customer is obliged to pay this remuneration in the manner and under the conditions set out in these GTC and in the price list of the Procurer. The price for services, the fees and the procurement of transport for individual parcels are stated in the current price list of the Procurer available on the website www.neoship.sk or within the client account of the user, or they are always agreed in advance and recorded in an amendment to the contract with the Customer on the basis of the expected and declared number of consignments, the number of which is also stated in the current amendment to the contract. The Customer acknowledges that the method of calculating the prices of certain additional services and fees, as well as their assignment to procured consignments, is governed by the criteria of the individual carriers. These may also differ between individual carriers. All these criteria are set out in the general terms and conditions of the individual carriers, which the Customer also has available within the client access in Neoship.

4.2. Within its service offering, the Procurer is entitled to grant a discount on fees in the case of a promoted "campaign" of the offered services, which may be limited in time. At the same time, the Procurer is entitled to grant the Customer an individual discount under individually agreed conditions, which will be regulated in the contract or in an amendment to the contract. If no such individual arrangement is contained in the contract, the Customer is obliged to pay the individual fees and service prices according to the current price list of the Procurer.

4.3. The Procurer is entitled to unilaterally change the price for the procurement of transport agreed pursuant to point 4.1 of these GTC if, in the preceding 12 calendar months, the Customer has ordered the procurement of transport of consignments from the Procurer in a volume more than 20% lower than originally declared, but by no more than 50% of the price for the procurement of transport according to the price list. In the interest of maintaining the quality of the services, the Procurer is likewise entitled to unilaterally adjust the prices of the services, in particular in situations in which its financial costs relating to the operation of the Neoship services have increased, especially due to third parties (legislative measures, service suppliers, carriers). The Customer will be informed of a price change sufficiently in advance, but no later than one week before it takes effect, by e-mail or by an electronic message available in the client account. If the Customer does not agree with the price change, the Customer may withdraw from the contract within the period set out in point 7.2.4. of the GTC. If the Customer does not withdraw within that period, the Customer is deemed to agree with the price change.

4.4. The final price for the procurement of transport will be determined only after the transport of the consignments has been procured for the Customer, on the basis of the version of the functionality used by the Customer in Neoship, the selected additional services, the services assigned to the consignment by the Carrier during its processing and the actual weight of the consignment whose transport was procured. Information on the price for the procurement of transport and on the balance of the credit account is always stated directly in the client account of the Customer established in the Neoship system.

4.5. The Customer will primarily pay the price for the procurement of transport and the fees through the credit account established within the Neoship service, using a variable symbol identical to the unique numerical designation assigned to the particular credit account. The Customer and the Procurer may agree on a different method of paying the credit and the price for the procurement in the service contract. At the same time, in certain cases the Procurer may issue an invoice for services to the Customer outside the credit account. The Customer is obliged to pay such invoices directly to the Procurer outside the credit account.

4.6. The credit prepaid by the Customer constitutes an advance for future cases of procurement of consignment transport by the Procurer for the Customer, as well as for certain fees of the Procurer. The minimum amount of the advance for creating consignment records in Neoship is set at 0,01 Eur incl. VAT. The minimum amount of the advance for the procurement of consignment transport and thus for the related printing of shipping labels is set at 30,01 Eur incl. VAT for the Prémium version and 25,07 € incl. VAT for the Základ version. On the basis of the records of the number of consignments procured for the Customer and of the data pursuant to point 4.4 of this article of the GTC, the Procurer issues an accounting document – an electronic invoice for the services provided in the given calendar month in pdf format – always at the end of the respective calendar month, and sends it within 15 calendar days at the latest to the Customer at the e-mail address entered in the registration form. The electronic invoice is a full-fledged tax document.

4.7. The Procurer has the right to draw on the credit prepaid by the Customer from the credit account, to the extent of the invoice issued pursuant to points 4.6 and 4.8. of these GTC, with which the Customer unconditionally agrees and of which the Customer is aware.

4.8. On the basis of the service contract, the Customer is entitled to order the future procurement of consignment transport by the Procurer and to prepay credit pursuant to point 4.6 of the GTC repeatedly or for a longer period of time, for example for an entire calendar year. The Customer is entitled to check the balance of the prepaid credit as well as the credit consumption at any time and is also entitled to request a statement from the credit account for a period selected by the Customer, through the client zone of the website www.aplikacia.neoship.sk. The Customer is obliged to maintain the credit account at a level which, in order to prevent a debit balance, will most probably cover the costs of the requested procurement of transport of individual consignments. For this reason, in the Prémium version the adequate amount of credit required for generating shipping labels and the subsequent procurement of transport is calculated according to the formula (number of labels x 5,00 € incl. VAT + 25 € incl. VAT) < current credit balance. In the Základ version, the adequate amount of credit required for generating shipping labels and the subsequent procurement of transport is calculated according to the formula (number of labels x 0,06 € incl. VAT + 25 € incl. VAT) < current credit balance. If the balance of the credit account is insufficient, the generation of shipping labels will not be possible until the credit account is topped up to an amount sufficient for generating the required number of labels according to the formula above. The Procurer is not liable for any lost profit of the Customer or for compensation for damage incurred by the Customer as a result of the suspension of the generation of shipping labels due to an insufficient amount of credit for generating labels and thus for ordering the procurement of transport by the Customer. This applies until the Customer increases the balance of the credit account to a sufficient level.

4.9. If the service fees deducted from the credit account of the Customer and the orders of the Customer for the procurement of consignment transport by the Procurer exceed the amount of the credit prepaid by the Customer, the Customer is obliged to pay the resulting debt on the credit account no later than the due date stated on the next invoice issued after the day on which the debt arose. Until the debt on the credit account pursuant to this point of the GTC has been paid, the Customer will not be entitled to place new orders for the procurement of transport. The Procurer is therefore not liable for any lost profit of the Customer or for compensation for damage incurred by the Customer as a result of further orders not being accepted, which will be suspended until the debt on the credit account has been settled and the newly selected amount of credit has been paid. If the Customer wishes to change or carry out other acts concerning the amount of credit in the account, a written (e-mail) request is required from the statutory body of the Customer or from the person authorised to act on behalf of the Customer who is designated in the service contract. In order to confirm the change, the Procurer is entitled to contact the persons designated in the service contract as authorised persons and to request confirmation of this change.

5.1. The Customer is entitled to use the Neoship software application and its other functionalities exclusively to the extent agreed in these GTC and must ensure that the purpose of its use is in compliance with the law, the licence conditions, other generally binding legal regulations applicable in the Slovak Republic and good morals, and also that the use of the on-line shipping system Neoship does not cause damage or other harm to the property or rights of third parties. The Customer is further entitled to exercise all rights granted by the service contract or by these GTC, in particular to communicate directly with the Carrier and to agree special transport conditions with regard to the collection, transport and claiming of consignments; to use the information available from the Carrier on the status of a consignment, and similar.

5.2. The Customer is obliged to comply with and to ensure the fulfilment of the obligations arising from these GTC. The Customer is further obliged to claim defects in transport in writing directly with the Carrier. If, after entering the data into the system, the Customer discovers an error or enters incorrect, incomplete or indeterminate data, the Customer resolves the situation thus arising directly with the Carrier after the consignments have been processed by the Carrier, primarily through the functionality intended for this purpose in Neoship. The Customer likewise resolves any complaints related to the delivery of consignments and similar matters with the Carrier. Before the consignments are processed by the Carrier, the Customer resolves any requests with the Procurer.

5.3. The Customer has the right to claim compensation for damage from the Procurer if the Procurer breaches its obligations arising from the service contract and does not procure the ordered transport. The price for the procurement of transport will be refunded to the Customer in the case of a duly filed and accepted claim on the part of the Carrier. In such a case, the Procurer is obliged to refund the paid price of the procured transport to the Customer within 15 days of receiving the notification of the Carrier on the acceptance of the justified claim. The Customer acknowledges that:

a) the Carrier alone is responsible for the proper and timely delivery of a consignment whose transport was procured by the Procurer;

b) the Carrier is liable for damage caused to a consignment from the moment of its handover to the person entrusted by the Carrier with carrying out the transport until its handover to the addressee of the consignment.

5.4. Neither the Procurer nor the Carrier is liable for damage to a consignment caused by:

5.4.1. the Customer, the addressee or the owner of the consignment or by their inappropriate instructions;

5.4.2. a defect or the inherent nature of the contents of the consignment;

5.4.3. unsuitable packaging or an unsuitable method of reinforcement and wrapping with which the Customer prepared the consignment for transport, or by defective packaging of the consignment.

5.5. The Procurer declares and is responsible for the following:

a) that the software application for the use of which a licence has been granted to the Customer complies with the law and other generally binding legal regulations applicable in the Slovak Republic, does not in any way infringe copyright or other rights and legitimate interests of third parties and is duly usable and functional for the purposes of using the on-line shipping system and the API system;

b) for 97% availability of the Neoship service. This does not apply in the case of a planned outage or planned maintenance of the website www.aplikacia.neoship.sk or of the Neoship service itself, if these were announced to the Customer at least 24 hours in advance.

5.6. The Procurer is not liable for the use of:

a) the software application by the Customer or by third parties to whom the Customer granted access to the software application, in particular for misuse of the software application or its use contrary to these GTC, nor for harm caused to third parties by the use of the software application.

b) for errors and defects of the software that arise from the use of the software application contrary to the licence conditions, the GTC, the law or other generally binding legal regulations applicable in the Slovak Republic, or that are caused by a third party, by an unavoidable event, and similar;

c) for the correctness of the data entered into the system by the Customer or the Carrier; for a fault consisting in a reduction in quality or in outages of the Neoship service caused by the Customer or by persons authorised by the Customer; for a fault caused as a result of events having the character of force majeure; for a fault caused by the use of the Neoship service; for a fault caused by an outage, a system error or technical problems on the part of the Carrier.

5.7. The Procurer is liable to the Customer for any fault, regardless of its nature, duration or severity, only if the fault was caused by a breach of the obligations of the Procurer under this contract and under generally binding legal regulations.

5.8. The Customer reports a fault of the Neoship service to the Procurer without undue delay after becoming aware of it. The Customer is entitled to report a fault primarily in writing by e-mail to klientservis@neoship.sk or by telephone at +421 901 714 003. When reporting a fault, the Customer is obliged to state its identification and a comprehensible and sufficient description of the fault.

5.9. The Procurer undertakes to begin removing a fault within 10 hours of it being reported by the Customer. The Procurer undertakes to remove the fault within 24 hours. If the fault is of a more serious nature or if, for technical or personnel reasons, the Procurer cannot remove the fault within this period, the Procurer is obliged to communicate this information to the Customer within 24 hours together with the expected date of removal of the fault. The Procurer removes the fault pursuant to point 5.9. of this article of the GTC at its own expense. In the case of a fault for which the Procurer is not responsible, the Procurer removes the fault at the expense of the Customer.

5.10. The Customer is liable to the Procurer for damage caused by a breach of its obligations.

5.11. The Customer is obliged to keep the data from the database and the schemas of the software application confidential, whereby the Customer is not entitled to make these databases and schemas available or otherwise provide them to third parties. The Customer is liable to the Procurer for damage caused by a breach of this obligation.

5.12. The Procurer and the Customer undertake to maintain confidentiality regarding all facts of which they became aware in connection with the conclusion of the service contract and the granting of the licence to use the Neoship software application and with the disclosure of personal data entered into the database, if such facts may have the character of a trade secret of a contracting party or if it is evident that a contracting party has an interest in keeping them secret and ensures their secrecy in a corresponding manner, or if this obligation arises for the contracting parties directly from the law.

6.1. If the Customer is in delay with a payment pursuant to points 4.6 to 4.9 of these GTC, the Procurer is entitled to payment of a contractual penalty amounting to 0,05% of the outstanding amount for each day of delay. This is without prejudice to the entitlement of the Procurer to compensation for damage and to default interest determined in the statutory manner.

7.1. The contract is concluded for an indefinite period.

7.2. The contract terminates:

7.2.1. by written agreement of the contracting parties as of the date stated in that agreement;

7.2.2. by notice of termination given by either contracting party without stating a reason, whereby the contract terminates upon expiry of a one-month notice period which begins to run on the first day of the calendar month following the month in which the written notice of termination was delivered to the other contracting party;

7.2.3. by withdrawal of the Procurer from the contract due to a material breach of the obligations stated in point 5.2 of these GTC by the other contracting party, whereby the contract terminates on the day the written declaration of withdrawal is delivered to the other contracting party; the contracting parties have agreed that the Procurer is entitled to withdraw from this contract if the Customer is in delay with the fulfilment of the obligation to pay the debt on the credit account pursuant to point 4.9 of the GTC by more than 15 calendar days;

7.2.4. by withdrawal of the Customer from the contract in the event of disagreement with a change to the GTC of which the Customer was notified by the Procurer pursuant to point 1.4. of these GTC. The withdrawal from the contract must be in writing and must be delivered by the Customer to the Procurer no later than before the change to the GTC takes effect, otherwise the Customer is deemed to agree with the change.

7.3. If, after termination of the contract, the Procurer records a positive balance on the credit account of the Customer, the Procurer is obliged to pay the Customer an amount corresponding to the balance on the credit account of the Customer, reduced by the contractual penalty to which the Procurer became entitled before the termination of the contract, within 15 calendar days of the termination.

7.4. The termination of the contract does not extinguish the entitlement to payment of a contractual penalty or the entitlement to compensation for damage which arose during the term of the contract.

7.5. The termination of the contract does not extinguish the obligation of the Customer to pay the Procurer the price for services and the price for the procurement of transport of consignments exported to the system of the Carrier for the relevant part of the calendar month, namely for the period from the first day of the relevant calendar month in which the contract terminated until the day of termination of the contract.

7.6. After termination of the contract, the end of the cooperation will be settled in accounting terms as of the last calendar day of the month.

8.1. The Customer acknowledges that its personal data to the extent of name, surname, place of residence, or business name, registered office, IČO, DIČ, telephone number, e-mail address, IP address, assigned login credentials, cookies, login data for online services and the login and api data of the user necessary for the data connection with the Carrier, including the required declaration that the Customer is a person older than 18 years, are processed by the Procurer for the purpose of fulfilling the obligations arising from this contract and pursuant to Act No. 18/2018 Coll. on the protection of personal data, whereby separate consent of the Customer as the data subject is not required.

8.2. For the purposes of Act No. 18/2018 Coll., the Customer acts as the controller and is therefore obliged to obtain the consent to the processing of personal data from the data subjects, who are the recipients or senders of consignments. At the same time, the controller is obliged to inform the data subjects that their personal data to the extent of name, surname, place of residence, telephone number, e-mail, business name, registered office and IČO are processed by the Procurer and the Carrier, whereby these data subjects must be advised that the Carrier is entitled to require the submission of an identity document in order to verify identity.

8.3. The Customer is obliged to obtain the consent of the data subjects to the processing of their personal data and, at the same time, the Customer also grants this separate consent to the Procurer, namely consent to the processing of personal data and their use for the purpose of creating a database, to their processing for the own needs of the Procurer for purposes related to the contract, and for contacting recipients of consignments in connection with marketing surveys and surveys regarding the quality of services and customer satisfaction, all pursuant to Act No. 18/2018 Coll. as amended. In order to obtain the consent of the data subjects to the processing of their personal data for marketing purposes, the Customer is obliged to indicate for each and every data subject whether that person has granted express consent to the processing of personal data for these purposes, or whether such consent has been withdrawn or has not been granted at all. The Customer is obliged to inform the Procurer of these facts immediately, or to enter this information directly into the Neoship system. Regardless of the reason, if no unambiguous consent of the data subject to the processing of personal data for marketing and survey purposes is defined for a consignment or elsewhere, the Procurer must not use the personal data of that data subject for these purposes.

8.4. The Procurer processes personal data for the duration of the contract. At the same time, the personal data of the data subjects – that is, of the persons to whom the consignments are addressed or of the senders of these consignments – will be stored in the database of the Procurer for a period of one year from the day of the procurement of the transport of the consignment, for the purpose of a possible claim. After the expiry of one year, this data will be anonymised.

8.5. For the purpose of creating statistical data, the Procurer stores the personal data of the Customer for a period of five years from the termination of the contract, whereby the personal data of the data subjects – addressees or senders – will be anonymised. After the expiry of this period, the personal data of the Customer will be erased.

8.6. The Customer is obliged to provide the Procurer with the necessary cooperation in the processing of personal data and, where necessary, to obtain from the data subjects their express and free consent to the processing of personal data for a predetermined purpose. The Customer is obliged to inform the Procurer without delay of any requests of the data subjects concerning the change, update, correction or erasure of their personal data or the withdrawal of their consent to the processing of personal data.

8.7. The Procurer undertakes to process and use the personal data of the Customer only in accordance with generally binding legal regulations and, in particular, in accordance with Act No. 18/2018 Coll., not to provide the data to third parties without the prior written consent of the Customer, with the exception of persons through whom it ensures the functionalities of the system and the fulfilment of the obligation under the contract, and unless this obligation is imposed on it by law. The Customer is obliged to advise the data subjects who have granted consent to the processing of their personal data for marketing purposes that this data will be provided to the marketing companies that provide these services and surveys for the Procurer. The Procurer declares that the personal data of the Customer will be processed according to the instructions of the Customer and through the information systems of the Procurer, whereby appropriate technical, organisational and personnel security measures corresponding to the manner of processing of personal data are applied, and that the personal data will be processed exclusively by authorised persons who have been duly instructed and who are bound by a duty of confidentiality.

8.8. The Customer grants express consent to the disclosure of personal data and other data stated in the contract and arising from orders for the procurement of consignment transport to the Carrier, for the purpose of carrying out the transport of consignments procured by the Procurer on the basis of the contract.

8.9. The Customer declares that it holds the consent to the processing of personal data of the persons to whom consignments are to be delivered and who are entered into the NEOSHIP system as recipients or senders of consignments. The Customer also undertakes to obtain the consent of these data subjects to the processing and use of their personal data for the purpose of contacting them and providing marketing services, or for the purpose of surveys regarding the quality of the services provided.

8.10. The contact and responsible person of the Procurer in relation to the processing and protection of personal data is Mr Mgr. Tomáš Záškvara, who can be contacted at the telephone number 0917 998 494 or by e-mail at zaskvara@neoship.sk. The Customer is entitled to provide these contact details also to a data subject.

8.11. The Customer and the data subjects have the right to be informed of the appropriate guarantees and security measures adopted for the purpose of protecting personal data, have the right to request the correction or erasure of their personal data and are also entitled to file a petition to initiate proceedings on the protection of personal data pursuant to Section 100 of Act No. 18/2018 Coll.

9.1. The contracting parties have agreed that they consider e-mail electronic correspondence to be a relevant means of communication which fully replaces written correspondence. Electronically delivered submissions of the contracting parties are binding and effective for the contracting parties.

9.2. Changes and amendments to these GTC must be made in writing. Any change to the contract must be in writing. The Customer acknowledges that the transfer of its rights and obligations under the contract to a third party may only be carried out with the prior written consent of the Procurer.

9.3. The Customer is obliged to notify the Procurer of any changes to data concerning the Customer itself or the persons to whom the performance under the contract relates.

9.4. Rights and obligations not regulated by these GTC are governed by the relevant provisions of Act No. 513/1991 Coll. (the Commercial Code) as amended, Act No. 40/1964 Coll. (the Civil Code) as amended, Act No. 250/2007 Coll. on consumer protection and on the amendment of Act No. 372/1990 Coll. of the Slovak National Council on offences as amended, and Act No. 18/2018 Coll. on the protection of personal data, as well as by other legal regulations applicable in the Slovak Republic.

9.5. The GTC are valid and effective from 14.5.2026