Mirek Cerny | Data Wizard
Mirek Cerny | Data Wizard
I am Miroslav Černý and through this website I offer you my experience and knowledge in the field of data analysis and business intelligence. The purpose of this document is to inform you how you can order my services, what rights you will have or what to do in case of any uncertainties.
1. Miroslav Černý, ID No. 88270076, with place of business Konzumní 384/18, 736 01, Havířov, I operate the website www.mirekcerny.com and also the website www.insightee.com, through which I provide you with services, consultations and training in the field of data analysis and business intelligence (hereinafter referred to as the “Services”). I may also provide the Services described in these Terms and Conditions as Insightee s.r.o., ID 06982379, with registered office at Nádražní 344/23, Smíchov, 150 00 Prague 5, registered with the Municipal Court in Prague, Section C, Insert 292515 (hereinafter referred to as “Insightee”).
2. On this page, you can place an order for my services, and thus a contract for the provision of services can be concluded.
3. The purpose of these Terms and Conditions is to tell you what our mutual rights and obligations are. In our relationship, we are governed by Czech law, and in particular by the applicable Civil Code (the “Civil Code”).
4. These Terms and Conditions are written in the Czech language and are governed by Czech law.
Ordering my services is not difficult, you can use the available form or we can arrange it by e-mail. This section is about my services and consultations. To order training, please see the next article.
1. If you are interested in my services, please fill out the inquiry form on the website www.mirekcerny.com or send an e-mail to consulting@mirekcerny.com. I consider this inquiry to be non-binding and we will discuss it further.
2. As soon as possible, I will send you an acknowledgement of receipt to the e-mail address you provided in the enquiry form or from which you sent the enquiry and, if necessary, I will ask you to complete the information required for the provision of the services and a quotation. I will also inform you which entity, whether Ing. Miroslav Černý or Insightee, would provide you with these services. Once we have clarified the scope of the services, I will send you an offer with a proposal of the date, the content of the services and the approximate price. The offer will include information on what documents I need to obtain from you and a request for access to your data, databases and analytical tools to the extent necessary to provide the services. Confirmation of acceptance of the offer will constitute a contract between us.
3. You are responsible for the accuracy, completeness and truthfulness of the information provided in the enquiry form, the documents sent and for making the data and tools available to the extent required, otherwise I cannot provide my services properly. In the event that you fail to comply with this obligation and the cooperation is terminated, you are not entitled to a refund of the deposit, the terms of which can be found further in these Terms and Conditions.
4. You may cancel an appointment at least 24 hours prior to the consultation. If less than 24 hours, I may charge you a cancellation fee of 50% of the consultation price.
5. Please also note that I reserve the right to refuse any client for whom I find the provision of services or consultation to be inappropriate, unnecessary or impractical.
6. Personal data may be processed in the course of our relationship and you can read more about this further in these Terms and Conditions.
If you are interested in my training, this article will tell you about the conditions of participation. You can attend the training by application or you can book the training for your company.
1. You can book a training session using the dedicated form on the website or by sending an email to consulting@mirekcerny.com. You can check the accuracy, completeness and truthfulness of the information provided in the order form before submitting it, after submitting it I will consider it up-to-date and correct. I consider the submission of a completed form or email to be your proposal to enter into a contract.
2. If you are interested in customized training for yourself or your company, the procedure for entering into a contract is the same as for ordering services under Article II of these Terms and Conditions.
3. I will acknowledge receipt of your training application by sending you a completed email, which will conclude the contract between us. Along with the confirmation, I will send you an order – an invitation to pay the registration fee (advance invoice).
4. In order to participate in the training, you must pay the registration fee. The fee must be paid within 14 days of confirmation of receipt of the registration form and sending of the purchase order/invoice. If you do not pay the registration fee within this period, then your booking will be forfeited without refund and you will not be able to attend the training. If you book a training course less than 14 days before the training course, you must pay the registration fee no later than 1 day before the training course.
5. The registration fee includes admission for 1 person, training materials and an email consultation with me for a reasonable period of 14 days after the training has taken place. Please always refer to the specific training session for other items included in the registration fee.
6. Photographs and audio-visual recordings capturing the participants may be taken at the training and may subsequently be used for my presentation for a period of 3 years from the date of the training. No remuneration or other compensation shall be due to the participants for the taking and use of such photographs and audiovisual recordings. I will ask for your consent when you confirm your attendance at the training. If you do not wish to be audio/visually captured at the training, please let me know in any way you wish, no later than when you enter the training, to the photographer or videographer as appropriate. In this case, you will not be captured on video.
7. If you purchase a training recording, you will have access to the training recording website. You cannot download the recording to your computer. Any attempt to download or share the content is prohibited.
8. You may record and take photographs during the training. You may only distribute any audio/visual recordings of the training, myself and the trainers with my or their express permission and use them for personal purposes only.
9. If you decide to cancel your training registration, you may do so by emailing consulting@mirekcerny.com or by calling +420 604 233 349.
10. Cancellation fees for cancelling your training registration are as follows:
11. In the event of cancellation of your registration, I will refund your training price less the applicable cancellation fee within 14 calendar days of sending you my confirmation that I have received information about the account number to which I should send the amount.
12. Please note that I may change the date or location of the training. If this happens, I will contact you at the email address you have provided, advising that you can either request a refund of the training price if you have already paid for it or choose another date and venue if there is still space available.
1. The price of the service is agreed between us by accepting my offer and is based on the scope of the services provided. The price may include a deposit of 50% of the total price for the services provided, if we agree on a deposit. In this case I can send you an advance invoice.
2. The advance payment is due within 14 days of the conclusion of the contract, i.e. from my confirmation email, unless a different date is specified on the advance invoice.
3. You can pay the price for the services by wire transfer to my bank account always indicated on the invoice, advance invoice or order;
4. If you pay by bank transfer, I ask you to pay the price together with the variable symbol of the payment, which will be communicated to you when submitting the output, at the end of the cooperation, on the advance invoice or during the cooperation. In the case of a non-cash payment, your obligation to pay the price is fulfilled when the relevant amount is credited to my account.
5. I will issue a tax receipt for each payment after the price has been paid. This will comply with the requirements of the law. I will send the tax document to your e-mail address.
6. If it is not stated specifically at the price, it is stated without VAT. VAT must be added to the price, as I am a VAT payer.
In order for me to provide my services well and for everything to work as it should, I need you to comply with these terms and conditions. Please read them and take note of them.
1. Until the price for the services provided has been agreed between us, the deposit paid, the requested documents supplied and the necessary access granted as I have described above, I am not obliged to start providing the services.
2. If, in the course of providing the services, I find that additional information, documentation or access is required on your part, I may ask you to supply it. In such case, you undertake to provide me with the maximum possible cooperation.
3. If I have all the necessary documents and access, I undertake to perform the services ordered for you within the timeframe we have agreed. If there is a delay on your part in providing cooperation or in supplying the documents and access, I may adjust the date of delivery of the services to the same extent.
4. The services provided may result in a written deliverable if such deliverable was part of the order or agreed between us. The output shall be written in the Czech language unless we have agreed otherwise. The deliverable shall include a description of the baseline situation, the services provided, the conclusions of the analyses performed and recommendations. You acknowledge that the deliverable is of a recommendatory nature and that I am not responsible if it does not meet your subjective expectations. Any defects in the services provided and the output are covered further in these terms and conditions.
5. The output will be forwarded to you via email communication.
6. You acknowledge that the functionalities of the data and BI tools and other software or other external factors change and evolve over time, and therefore the Output from the Services are valid and functional as of the date they were provided.
7. You may use the output from the services provided to optimize your business, reporting or other purposes for which the services were provided under our agreement. The implementation of the recommendations may also be carried out for you by a third party, subject, however, to the confidentiality conditions we negotiate below or in a separate confidentiality agreement.
8. All information provided by you in the course of our cooperation in connection with the performance of the agreement or in connection with the negotiation of the agreement, including information provided by me that is not generally available in business circles, is confidential and will be treated as such. In particular, confidential information is any information of a technical, operational, production, economic, strategic or commercial nature relating to your or my business which is or may be of material or non-material value to us and which is not accessible to third parties. Confidential information is also my know-how which I may pass on to you in the course of providing services.
9. The obligation of confidentiality means not to reproduce, disseminate or otherwise disclose to third parties and/or not to use such information (pursuant to paragraph 8 of this Article) for your own benefit or for the benefit of third parties to whom the obligation of confidentiality pursuant to this Article of these Terms and Conditions does not apply. In particular, such information may not be reproduced, disseminated or in any way disclosed to persons providing identical or similar services or having an identical business object as myself, Ing. Miroslav Černý, and Insightee.
Even if every care is taken, the service may be defective in some way. The following paragraph describes how to deal with such cases and how to exercise rights under the defective performance.
1. If you consider that the service provided is defective (does not correspond in scope or quality to the agreed conditions), you have the right to make a warranty claim, in full compliance with the law (in particular the Civil Code). If the defect can be remedied, you can claim either a remedy or a reasonable discount on the price. If the defect cannot be rectified, you can either withdraw from the contract or claim a reasonable discount on the price.
2. However, please note that the reason for a warranty claim cannot be that the service provided does not meet your subjective expectations.
3. Please send your warranty claim to my email: consulting@mirekcerny.com.
4. Please state the following in your claim:
5. I will evaluate the claim promptly, within 30 calendar days at the latest.
When providing services, we can work with or even create copyright works. This article sets out how we may deal with such works.
1. If, in the course of providing the Services, in particular in the context of the Deliverables, a work within the meaning of copyright law is created, and unless otherwise agreed between us, I grant you a non-exclusive licence, by payment of a fee, exclusively for such use of the work as results directly from the contract concluded between us and its purpose and from these Terms and Conditions. Any other use is subject to my prior written consent. However, this authorization does not include a grant of the right to distribute, communicate to the public other than as implied by the purpose of the work, or to sublicense, sell or otherwise commercially exploit the work. In particular, I do not grant permission to distribute, disclose or otherwise make the work available to companies or persons who provide identical or similar services or have identical or similar business objects to me, Ing. Miroslav Černý, and Insightee.
2. If you have provided me with documents that may be copyrighted works, you agree that you are the authorized user of such documents and hereby authorize me to use them in such a way that I can provide the services under the contract, in particular to modify or interfere with them to the extent necessary.
If you have entered into a contract as a consumer, check your rights under Czech law. You probably know that if you enter into a contract on the internet, you have the right to withdraw from the contract within 14 days. However, this is slightly different for the provision of my services, so please read the following article carefully.
1. This article only applies if you are ordering as a consumer, i.e. a person ordering outside the scope of their business.
2. According to the Civil Code, as a consumer you have the right to withdraw from a contract concluded online within 14 days of its conclusion without giving any reason. Your deposit will be refunded. However, please note that it is not possible to withdraw from a contract for the provision of services if, with your express consent, the services are provided before the expiry of the withdrawal period (such express consent is deemed to be given if we jointly agree on a date to be scheduled within 14 days from the date I send the confirmation email). Please also note that it is not possible to withdraw from a training contract as this training is being provided on a specific date. If you are unable to attend, you may cancel your registration subject to the terms and conditions set out in Section III of these Terms and Conditions.
3. Should you decide to withdraw, please use this form.
4. Under the Consumer Protection Act, you have the right to out-of-court settlement of a consumer dispute. You can contact the Czech Trade Inspection Authority (Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz, web: adr.coi.cz). If the dispute cannot be resolved directly with us, we will only initiate a solution at your suggestion. You can file a claim within 1 year from the date you first exercised your right with us. You can also start an out-of-court settlement online via the ODR platform available here: ec.europa.eu/consumers/odr/.
I process your personal data that I need to order services, training or to enter into and perform a contract in accordance with the law and it is safe with me. You can read more about the reasons for processing and your rights in the Privacy Policy which you can find on my website. In the event of our cooperation arising outside of form ordering, I will process personal data as outlined in the Privacy Policy for orders.
1. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
2. Please note that the Terms and Conditions may, in particular due to changes in legislation, be amended or supplemented to the extent necessary. I will notify the change at least 30 days before the new Terms and Conditions come into effect on the Website. If you do not exercise your right to terminate the contract within this period, you will be deemed to have accepted the new version of the Terms and Conditions.
These Terms and Conditions are available at https://www.mirekcerny.com/terms.
