These Terms and Conditions govern the relations and mutual rights between Benefit Management s.r.o., a limited liability company based at: Prague 4, Doudlebská 1699/5, Postcode: 14000, Czech Republic, Company ID No.: 27069770, Tax ID No.: CZ27069770, registered in the Commercial Register kept by the Metropolitan Court in Prague: Section C, File 93997 (hereinafter the "Operator"), and its clients in the Czech Republic (hereinafter the "Users") in relation to the management of employee benefits of Users' employees in the Múza system, based on the Employee Benefits Management Agreement (Smlouva o správě zaměstnaneckých výhod) in the Múza system entered into by the Operator and a User (hereinafter the "Agreement").
For the purpose of cooperation between the Parties, the capitalized terms below will have the meanings as defined below:
Employees refer to employees employed by the User or otherwise working for the User.
Employee Benefits refer to services or other benefits provided by the User as an employer to Employees in addition to salary and other contributions provided by the User as an employer as selected by Employees in the Application. All benefits will be received in one of the following forms:
leisure time benefits as defined in Section 6(9)(d) of the Income Tax Act, as amended;
electronic meal vouchers as defined in Section 6(9)(b) and Section 24(2)(j)(4) of the Income Tax Act used to provide company catering for employees (also referred to in Czech as “estravenka”);
contributions to the Cultural and Social Needs Fund (FKSP).
Múza means the Operator's internet or mobile application, i.e., an electronic administrative tool for managing Employee Benefits.
Direct Order means an order for Employee Benefits issued by the Operator based on the Employee's Request in the Múza system to a Contractual Provider.
Indirect Order means the Employee's consent in the Múza system to settle an invoice issued by a Non-contractual Provider to the Operator for Employee Benefits provided to an Employee. Only employees presently employed by the User are authorized to make an Indirect Order.
Internal Order means an order for Employee Benefits provided directly to the Employee by the User.
Order refers to a Direct Order, Indirect Order, or Internal Order.
Contractual Provider refers to a sole trader or a legal entity who is contractual partner of the Operator and provides the Employee with Employee Benefits based on a Direct Order.
Non-contractual Provider refers to a sole trader or legal entity that provides the Employee with Employee Benefits based on an Indirect Order.
Employee's Request refers to the selection of an Employee Benefit by the Employee in the Múza system.
II. Rights and Obligations of the Operator
The Parties agree that the obligation of the Operator to “operate the Múza system” includes the obligation of the Operator
to set up the Múza system according to the terms agreed with the User,
to provide technical and administrative management services and support of the Múza system to the User including, without limitation,
training the User's representatives on the use of the administrative functions of the Múza system; and
providing telephone and email support to Employees on working days from 8:30 AM to 5:00 PM.
The Operator must send a Direct Order to the Contractual Provider within 1 hour after an Employee's Request in the Múza system is made.
The Operator must send the Employee an email to the Employee’s e-mail address in the Múza system with information about the processing of the Indirect Order within 7 working days from the receipt of the invoice from the respective Non-contractual Provider; the invoice must meet all the requirements of an invoice under applicable legislation.
The Operator is not responsible for the quality of Employee Benefits or for damage caused to the User or Employees by Contractual or Non-contractual Providers. However, the Operator must carefully select Contractual Providers and supervise the quality of their activities in providing Employee Benefits to the User's Employees.
If an Employee does not start using the Employee Benefits that they ordered and paid for through the account in the Múza system within 12 months from the moment the Order is issued (as recorded in the Múza system), the right to provide the Employee Benefits expires, and the Employee Benefits will not be provided to the Employee and will not be compensated to the Employee or the User in any way. The Operator will inform the Employee thereof in advance on each issued Order.
The Operator is not liable for damage caused to the User directly or indirectly by objective, unpredictable, and insurmountable circumstances beyond the control of the Operator or circumstances that could not be foreseen, including actions or omissions of third parties, especially interruptions in power supply, malfunction of transmission lines, strikes, etc. which cause malfunction or limit the functionality of the Múza system ("force majeure").
III. Rights and Obligations of the User
The User must inform the Employees about their rights and obligations regarding the use of Employee Benefits and the use of the Múza system.
The User must properly and timely pay all fees related to the services provided by the Operator.
The User grants the Operator permission to use their name and logo, as well as reference data regarding the services provided for the purpose of promoting the Operator. This consent applies to all forms of promotional materials and media, including but not limited to websites, printed flyers, electronic platforms, and other forms of advertising. The consent is granted for an indefinite period and is valid until revoked by the User in writing. The revocation must be made in writing and delivered to the registered office of the Operator. The revocation takes effect on the day the notice of revocation is delivered to the Operator.
IV. Penalties
The User is entitled to charge the Operator a contractual penalty of CZK 500 for each day of delay in putting the Múza system into operation after the deadline specified in the Agreement. This does not apply if the User is in delay or if the delay was caused by force majeure.
Each Party is entitled to charge the other Party default interest for each day of delay with any payment at a rate of 0.05% of the unpaid amount.
If the Múza system is non-functional for more than 2 (two) consecutive working days, the User is entitled to charge the Operator a contractual penalty of CZK 1,000 for each subsequent day of non-functionality. This provision does not apply in the case of planned downtime of the Múza system (e.g., due to an upgrade to a new version), of which the User was informed in advance in a timely manner, or if the non-functionality was caused by force majeure.
Any provision of the Agreement regarding contractual penalties does not affect the right of the injured party to demand full damages caused by the breach of the obligation for which the penalty was agreed.
The claim for a contractual penalty under this article is not affected by the termination of the Agreement in any way.
The Parties agree that the contractual penalties under this article will be paid by the respective Party to the other Party on the basis of an invoice with a maturity period of 60 days from the date of delivery of the invoice to the respective Party.
V. Confidentiality of Information and Duty to Maintain Confidentiality
The Parties acknowledge that all information about transactions, prospective clients, clients, Employees and remuneration of Employees of the other Party, the management of Employee Benefits, payment terms, their know-how, and other matters that they have obtained or will obtain in connection with the performance of the Agreement, and which are not publicly available and known, constitute trade secrets and are subject to data protection (collectively referred to as "Confidential Information").
The Parties hereby agree not to disclose any Confidential Information to any third party, nor to collect, gather, store, disseminate, disclose, process, use, or combine it with other information in any way without legal grounds or contrary to the instructions of the other Party. The Parties further agree that all Confidential Information concerning the other Party, with which they come into contact without a clear need to retain it for the purposes of performing the Agreement, will be handed over to the respective Party without undue delay, and during the period when one of the Parties is handling the Confidential Information of the other Party, they must ensure its adequate protection against any loss, theft, destruction, unauthorized access, accidental or other damage, or any other unauthorized use or processing. Upon termination of the Agreement, the Parties must return all Confidential Information concerning the other Party, its copies, or records made on data storage media or other media, whether obtained directly or indirectly, intentionally or unintentionally, without delay to the respective Party, or to destroy such Confidential Information. The Parties must not retain this information in any case or use it outside the scope of performing the Agreement unless it is a statutory duty to retain such data. This obligation and the duty of confidentiality survives the termination of the Agreement.
A third party that must be informed about the Confidential Information for the purposes of performing the Agreement or its part under the Agreement must always be informed of the obligation to maintain confidentiality and bound to the same extent as the Party requesting that such a third party be informed.
Both Parties are obliged to maintain all security standards regarding the protection against dissemination of computer viruses and the protection of the computer network.
VI. Miscellaneous
If any provision of the Agreement is or becomes invalid or ineffective, the other provisions of the Agreement remain valid and effective. The provisions of applicable legislation governing the relevant issue between the Parties will apply instead of an invalid or ineffective provision. Subsequently, the Parties agree to modify their relationship by another provision that best corresponds to the purpose of the invalid or ineffective provision.
The Parties have agreed that any disputes between them arising from or related to the Agreement will be resolved amicably through negotiations. Should the Parties fail to resolve a dispute by negotiation within a reasonable time, such dispute will be submitted to the court having subject-matter and territorial jurisdiction.
The legal relations between the parties are governed by the applicable provisions of Act No. 89/2012 Sb, the Civil Code, as amended ("Civil Code").
Except for modifications or termination of the Agreement, email communication is also considered a written form.
As foreseen by Section 1765(2) of the Civil Code, the Parties hereby assume the risk of a change of circumstances regarding the subject matter of this Agreement.
All modifications and amendments to the Agreement, as well as modifications and amendments to the annexes must be made by written agreement of the Parties in the form of numbered amendments to the Agreement.
The Operator may assign the rights and obligations under the Agreement to third parties. The client grants its prior consent to such assignment.
VII. Final Provisions
These Terms and Conditions come into effect on August 1, 2025, and fully supersede the previous version of the Terms and Conditions in force.
The User acknowledges that the area of employee benefits management is subject to developments including, without limitation, legislation and technological developments, which cannot be precisely anticipated, and thus the very nature of the obligations of the Parties implies a reasonable need for their later modification. The Operator is therefore entitled to make additional amendments to these Terms and Conditions or their part. The Operator must send the amended Terms and Conditions to the User in writing or electronically at least 30 days before the proposed effective date. If the User does not agree with the amendment, the User may terminate the Agreement; in such a case, the Agreement is governed by the original wording of the Terms and Conditions until termination.