General business terms and conditions of ALMET s.r.o. for debtors


The following terms and conditions for debtors (here and further – T&C) of our services for corporations, self-employed and other businesses and private individuals. If customer is referencing his own terms and conditions, is this reference not accepted. Specific contractual agreements prevail over T&Cs, but require written form. These T&C remain valid for the whole duration of business relationship with a customer without necessity to restate them. In the following the contractor, ALMET s.r.o., is referred to as -CO- and customer as -CU-.

§ 1 Substance of contract
CO takes over out-of-court, settlement-oriented mediation negotiations for due, overdue and undisputed payables representing CU after a contract has been issued by CU and CO renders other desired related services, especially in conflict mediation.
§ 2 Conclusion of contract
1. A contract is concluded if CU transmits complete data on a payable through the internet page of CO.
2. With transmission of data on a payable to CO, CU provides to CO unlimited power of attorney for out-of-court, settlement oriented representation of CU with creditor.
3. The T&C are valid and are understood to be for online contracts as well as for other means of contracting as read, understood and accepted.

§ 3 Scope of contract
1. CO commits to legal and economically sensible possibilities to settle the payable debt by means of negotiating with creditor.
2. CU agrees to the following within 30 days after issuing a contract:
a. CU issues contract for mediation of possibilities of settlement of debt claim only to CO;
b. CU cooperates permanently with CO, in as much as CO requires specific information from CU;
c. CU informs CO immediately if debt claim is settled in full or in part;
d. CO is entitled to sign agreements with creditor about instalments payments or partial payments without specific agreement from CU if such agreements are based on prior instructions of CU;
e. after issuing of contract to CO, CU shall not undertake own measures to negotiate debt claim and / or shall not contract any company or legal counsel to negotiate on such debt claim;
f. – left blank intentionally-
g. CO may terminate the contract at any time, especially in case CU fails to provide information requested by CO or fails to cooperate with CO.
h. CU commits to cease any contact with creditor without prior consent from CO. In case this is not observed, CU shall compensate CO with CO’s fee if settlement is achieved.
§ 4 Compensation
1. Payment of un-settled debt claim, regardless of its recipient, are attributed as follows: 1. Mediation fee to CO. 2. Main debt claim, in full or in part, to creditor.
2. In case of successful mediation, CU pays the settled amount to creditor and 5% of the said amount on top – to CO.
3. In case of partial settlement or of instalments §4.1 is valid.
4. In case the debt claim submitted to CO is not founded, already partially claimed or is unable to be settled because of a liquidation procedure, CU shall compensate the fees to CO.
5. With issuing of contract to CO, CU waives right to claim expiration of time limitation on services rendered.
§ 5 Expiration / Validity proof
1. It is assumed that debt claim is not expired. CO does not prove if debt claim is expired. Responsibility of CO in this regard is not accepted.
2. CU confirms with issuing the contract that the debt is his, the debt exists and there have been no prior objections or considerations or similar raised against this debt. CO is not obliged to review the validity of debt.
§ 6 Responsibility
1. CO conducts business of each contract in prudent manner and is not responsible for consequences of any decision, made on basis incorrect or incomplete information provided by CU. Specifically, any responsibility of CO in regard of data management or personal data processing or its correctness is excluded. CO is not responsible for simple misconduct. Responsibility only is valid in case of gross negligence by CO of its duties by CO himself, its legal representatives or contractors.
§ 7 Data protection and communication
1. CU agrees that CO in order to fulfill the contract stores, uses and transmits data, including personal data, in accordance with EU legislation.
2. In case of successful closure of a contract CO may delete all data with exception of number of debt claim within one month starting from the date of issuing invoice of fees from CO to debtor. In case of unsuccessful mediation, this period is three months.
3. CU agrees that CO communicates with CU through unencrypted emails. CU shall regularly check its Email including SPAM Folder.
§ 8 Closing clauses
1. Special agreements, changes or addendums require written form. Content of telephone calls is not binding.
2. New or changed T&C are accepted if they are sent to CU and within two weeks are not objected to.
3. Services are rendered and seat of court is only Bratislava, Slovakia.
4. The whole business relation is subject to Slovakian legislation and UN or international commercial law is not applicable irrespective of if CU is subject to any other trade law.
5. If any of clauses of these T&C becomes invalid, this does not render the whole T&C invalid in other parts. The parties shall work on replacing the invalid clause with a legal clause that provides the best outcome of joint achievement of goals.