The Terms and Conditions of the EOD Service Provided by the National Library of the Czech Republic
Valid from: June 5, 2013
1) The Range of Validity
1.1. The Terms and Conditions of the EOD service in the National Library of the CR (hereinafter the Terms and Conditions) stipulate the mutual rights and obligations of both contractual parties that originated between the National Library of the CR (hereinafter the NL CR) and a physical person over the age of 18 having legal capacity (hereinafter the Customer) in connection with eBooks on Demand service (hereinafter EOD).
1.2. Any provisions different from the Terms and Conditions must be agreed separately in writing.
1.3. The NL CR may modify or amend the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arised during the effective period of the previous valid version of the Terms and Conditions.
1.4 An intergral part of the Terms and Conditions is the price list of the EOD service displayed at
http://www.en.nkp.cz/services/eod/eod-price-list
1.5. The Terms and Conditions are written in Czech and English version. Should there be any doubt or a dispute as to the interpretation, the Czech version has the priority.
2) The Subject of the EOD Service
2.1 The EOD service provides books in the electronic form from the collections of the NL CR and/or he Slavonic Library, published between 1500 and 1900, which are not protected by copyright (hereinafter e-books). Other types of documents are excluded from the EOD service.
2.2 The EOD output format is a PDF file that allows you to:
- display and view an e-book in standard softwares (e.g. Adobe Acrobat Reader)
- print individual pages of the e-book or the whole e-book
- copy pictures and parts of text into other applications (e.g. text editors)
2.3 If the quality of a model book for the e-book allows, the optical character recognition (OCR) is performed on demand of the Customer. Then the e-book can be searched via ful- text search tool.
2.4 Digitised within the EOD service is always the whole book, not only its part.
2.5 The Customer may use the e-books or their parts obtained through the EOD service exclusively for personal and no-commercial purposes
2.6 The Customer is not authorized to make the e-book available to the third parties, either for a fee or free of charge. In case of violation of this provision, the Customer is obliged to pay a contractual penalty in the amount of CZK 5000 for each violation of this provision.
3) The User Account
3.1 Based on the Customer´s registration through the EOD website, the Customer can access his/ her user interface (hereinafter only the User Account). In his/ her user account, the Customer can view the status of his/ her requests, completed requests, and information about requested items ready to pay and download. The Customer can also edit his/ her personal data entered during registration.
3.2 When registering on the EOD website and requesting e-books the Customer is obliged to provide all information correctly and thruthfully. In case of any change, the Customer is obliged to up-date all information in his/ her user account. Details provided by the Customer in his/ her user account and when placing the request, are taken for correct from the part of the National Library of the CR.
3.3 Access to the user account is secured by the user name and password, which are sent to the Customer via the e-mail address provided during registration.
3.4 The Customer acknowledges that the user accout may not be available continuously, especially with regard to the necessary maintenance of HW and SW equipment of the NLCR or of the third parties.
3.5 The Customer is responsible for the full and correct completion of the data and takes full responsibility for any damage or infringement of the third parties´ rights.
4) Entry into a Contractual Realtionship
4.1 The EOD service can be requested either through the online databases NKC, STT and SLK – records of books intended for the EOD service are fitted with the button „EOD – request“, or through the EOD service Union Catalogue, which is accessible via the Internet page http://books2ebooks.eu.
4.2 Information about the requested book is filled in automatically in the request form through the EOD button located at the selected records. If possible, also the price for making the requested e-book is calculated. Further, the Customer can choose the method of delivery of the e-book. In case the delivery on CD/DVD-ROM is chosen, postage or fees for collecting the CD/DVD-ROM in person at the National Library are automatically added to the price for making the e-book. The Customer submits the request form by clicking on the button Submit your request. Thus, the contractual relationship between the Customer and the NL CR is established.
4.3 Immediately after receiving the request, the NL CR shall confirm the content of the request to the Customer by an e-mail sent to the e-mail address provided in the Customer´s user account (hereinafter only the Customer´s e-mail address). Details given in the request form are taken for correct from the part of the NL CR.
4.4 The Customer acknowledges and agrees that the NL CR is not obliged to execute the request, especially in cases where the current physical condition or the availability of the book does not allows for digitizing, or if the requested book is included in the NL CR project of mass digitization.
4.5 In case the price for the EOD service cannot be calculated automatically during placing the request, the Customer shall send a request for the so-called price estimate via a request form, which is nonbinding and free of charge. The Customer will be notified of the final price via email and he/ she will be asked for confirmation. The confirmation of price by the Customer establishes the Contractual Relationship. If the Customer does not answer the email with price notification in thirty days, the request is taken for cancelled. 4.6 Before sending the request or the price estimate request, the Customer can review and modify the details entered into the form. By sending the form the Customer agrees to the Terms and Conditions of the EOD service.
4.7 The Customer agrees to the use of distance communication means in concluding the purchase contarct.
5) The Request Execution Period
5.1 A standard request execution period – from confirming the acceptance of a request to the creation of an e-book – is two weeks (forteen days). If it is not possible to meet the deadline, the NL CR is obliged to inform the customer by an e-mail message sent to the Customer´s email.
5.2 In exceptional cases the binding e-book delivery period may be agreed with the Customer.
6.1 After creating the requested e-book a call for payment is sent to the Customer to the Customer´s e-mail address.
6.2 Price and any additional costs related to the delivery of the e-book can be paid by the Customer in the following way:
- cashless payment – by credit card or via Click & Buy payment system
- cashless payment – based on the invoice, only for requests submitted form the territory of the Czech Republic
- ready cash at the cashdesk of the NL CR Reference and ILL Service Department
6.3 In case of cashless payment the Customer is obliged to state the request number as the variable symbol. In case of cashless payment, the Customer´s obligation to pay the price of the e-book and possible costs associated with its delivery is met at the moment of crediting the amount to the NL CR account.
6.4 In case the price for the e-book is not paid in thirty days from sending the call for payment, or the due date of the invoice, the NL CR is entitled to withdraw from the contract and the Customer is obliged to pay contractual fine in the amount of CZK 5000. This does not affect the right to claim damages.
7) The Shipping & Delivery
7.1 The requested e-book is delivered either electronically (download link) or on CD/DVD-ROM carriers. The way of delivery of the e-book si specified by the Customer. In case of delivery on CD/DVD-ROM carriers the Customer bears the risk and additional costs associated with this way of delivery.
7.2 The electronical delivery of the requested e-book shall be made in such a way that a hypertext link allowing to download the e-book is sent to the Customer to the e-mail address designated by the Customer. This link is active for the period of sixty days. The e-book is considered delivered when the hypertext link to the e-book is sent to the Customer. The Customer notes that after the expiration date the hypertext link will be broken and it will be possibkle to download the e-book from a publicly accessible repository.
7.3 In case of delivery of the e-book on CD/DVD-ROM, it is left to be collected at the Reference and ILL Services Department of the NL CR or is sent to the postal address designated by the Customer in requesting the EOD service. The Customer is obliged to accept the CD/DVD-ROM on delivery.
7.4 In case that for the reasons caused by the Customer it is necessary to deliver the consignment repeatedly or by other means than that stated in the request, the Customer is obliged to cover the costs associated with the repeated delivery, or the expenditures associated with other means of delivery.
7.5 When accepting the consignment from the carrier, the Customer is obliged to check the integrity of packaging and in case of any defetct to notify immediately the carrier. In case of found violation of the package indicating an unauthorised intrusion into the consignment, the Customer is not obliged to take the consignment from the carrier. By signing the delivery note the Customer confirms that the packaging of the consignment containing CD/DVD-ROM was intact.
7.6 If the NL CR is not able to deliver the requested e-book without any fault from its part, e.g. due to default of the NL contractual partner involved in providing the EOD service, the NL CR is entitled to terminate the contract with the Customer. In this case, the Customer shall be promptly informed that his/ her requested e-book cannot be delivered.
8) The Withdrawal from the Contract
With regard to the nature and character of the product it is not possible to withdraw from the contract.
9) The Liabilit for Defects
9.1 As far as the e-book is concerned, the NL CR is not responsible for and does not guarantee that the e-book will meet specific expectations of the Customer or that the Customer will reach the specific goal. Especially, it is not possible to guarantee optical character recognition (OCR), the creation and quality of which depends on the digitised book (font-font type, language, age of the book).
9.2 The NL CR shall not be responsible for temporary suspension of the EOD service, e.g. suspension of hypertext link to download the e-book, as a result of vis maior, operation failures, or technically unpredictable circumstances.
9.3 If the delivered e-book is in contradiction to the purchase contract, the Customer has the right to get a replacement product. The NL CR is not liable for any damage of CD/DVD-ROM caused during the transport. Liability for any damage than that of the e.book is excluded.
9.4 The rights of the Customer resulting from the liability of the NL CR for defects can be claimed in writing at the address The National Library of the CR, Reference and ILL Services Department, Klementinum 190, 110 00 Praha 1, or electronically at the e-mail address eod@nkp.cz.
9.5 The claim is laid at the moment when the NL CR received the claimed CD/DVD-ROM with the e-book or the e-mail with hypertext link from the Customer.
10) The Personal Data Protection
10.1 The protection of personal data of the Customer is provided based on the Law No. 101/2000 Coll. on the protection of personal data, as ammended.
10.2 The Customer agrees with processing his/ her personal data as follows: name and surname, residence address, and electronic mail (e-mail) address, (hereinafter only the personal data).
10.3 The Customer agrees with processing his/ her personal data from the part of the NL CR for the purposes of realizing of the rights and obligations arising from the purchase contract, for the purposes of maintaing the user account and sending information to the Customer.
10.4 The Customer acknowledges that he/she is obliged to provide his/ her personal data correctly and truthfully and to inform the NL CR about any change of his/ her personal data without undue delay.
10.5 Personal data shall be processed for an indefinite period. Personal data shall be processed automatically in the electronic form or non-automatically in the printed form.
10.6 The Customer confirms that the provided personal data are accurate and that he/ she was informed of the fact that this is a voluntary submission of personal data.
11) Sending Commercial Messages
11.1 If not agreed otherwise, all correspondence associated with the purchase agreement must be delivered to the other party in writing, namely via electronic mail (e-mail). The correspondence is delivered to the Customer to the e-mail address provided in his/ her user account. .
11.2 A message is considered delivered upon its receiving by the incoming mail server.
12) Final Provisions
12.1 If the relationship associated with the use of the web site or the legal relationship based on the purchase agreement include an international (foreign element), then the parties agree that the relationship is governed by Czech law. This is without prejudice to the rights of the Customer resulting from generally binding legal regulations.
12.2 If any of the provisions of the Terms and Conditions is or becomes invalid or unenforceable, the provision with the sense as close as that of the invalid provision shall be applied instead of the invalid provision. The invalidity or unenfoceability of one provision shall not affect the validity or enforceability of other provisions. Changes and amendments of the purchase contract must be done in writing and require the form as stipulated in paragraph 11.1.
12.3 Contacts to the service provider: postal address: The National Library of the CR, Reference and ILL Services Department, Klementinum 190, 110 00 Praha 1; e-mail address: eod@nkp.cz;; phone: +420 221 663 203.
