books to ebooks

EOD: General Terms and Conditions

GTC eBooks on Demand

National Library of Technology (NTL, Czech abbrev. NTK)
Technická 6
160 80 Praha 6 - Dejvice 
T: +420 232 002 439
E-mail: eod (at)

1 Scope

Business relations between the National Library of Technology (hereinafter referred to as “NTL”) and EOD Service client (hereinafter referred to as “Client”) in connection with ordering an e-book shall be governed exclusively by these Terms and Conditions as specified below, valid as of the time of placing the order. Variations in procuring the EOD Service shall not be deemed substantial unless confirmed by the NTL in writing. 

2 Establishment of contract

An order placed by the Client represents an offer to the NTL to enter into a contractual relation. By placing the order, the Client agrees with these EOD Service Terms and Conditions. In case the Client sends an order to the NTL, NTL shall send the Client a notification in the form of an e-mail message on accepting the order with further details (confirmation of acceptance). This confirmation only means the registration of Client’s order, not a confirmation that the order can be implemented. The contract is not concluded unless the NTL sends the Client an e-mail confirmation that it is able to send the ordered book to the Client. Such confirmation among others depends on the physical availability of the book and on its physical condition, which are prerequisites for the digitization of the book, and it also depends on the terms of copyright (or exclusive license). 

The Client shall be notified in a reasonable time, whether the order can be implemented. 

If the price for the service has not been set, the NTL shall determine the expected price, which is not binding and not subject to charges. 

A precondition for placing orders by underage youth (below 18 years) is consent of a legal representative; the contractual relation shall not originate without such consent. 

3 Terms of use / Ban on release of an e-book to third parties

Unless stipulated otherwise, the Client is guaranteed the right to use a delivered product of the EOD Service for his own purposes on any hardware of his own. Any other use shall be a subject of another written agreement. The Client is entitled to use the product under these EOD Service Terms and Conditions. He is not entitled to mediate the product to third parties for consideration or otherwise. Should this provision be breached, the Client shall be obliged to pay the contractual penalty of CZK 5,000 for each breach and for each third user. 

4 Exception from the possibility to withdraw from the contract

Delivery of an e-book in the form designed for download: 
By sending a hypertext link enabling the download of an e-book to an e-mail address specified by the Client the e-book is deemed delivered. The NTL shall keep such hypertext link active (i.e. enabling download) for 60 days. 
Note: The possibility of withdrawal from the contract by the Client is excluded in this case, as an e-book delivered by the NTL may not be returned due to the nature of the electronic document. 

Delivery of an e-book on a CD-ROM or DVD: 
A CD-ROM or DVD is delivered unprotected by a password. 

Note: In this case withdrawal from the contract (withdrawal of the order) is not possible either.

5 Delivery and payment 

The NTL shall deliver the e-book after the Client makes the payment and the NTL receives it. 

Delivery of an e-book in the form designed for download is implemented in such manner that the Client is sent a hypertext link enabling the download of an e-book to an e-mail address specified by the Client. The link shall be active for the period of 60 days. 

In case the e-book is delivered on a CD-ROM or DVD, it is delivered to the mailing address specified by the Client when filling out the EOD order. 

The NTL shall exert maximum effort to deliver the order to the Client within 14 days. This period is an order period by nature. Its fulfillment depends on the level of difficulty in clearing the order. The NTL shall notify the Client should the delivery period be longer than 14 days. In exceptional cases a binding delivery period may be agreed. 

In case the NTL is unable to deliver the ordered e-book for a reason independent of its will, for instance due to a breach of an obligation of a NTL contractual partner, it shall be entitled to withdraw from the contract with the Client. The notice period shall be 10 days, it shall commence as of the day of the notice delivery and end by elapsing of the last day of the notice period. In such case the Client shall be informed that the ordered EOD Service product cannot be delivered. 

In case the e-book cannot be processed (high probability of damage of the document during digitization, excessive size of the document, other obstacles preventing digitization), the Client shall be promptly informed thereof. 

6 Payment terms 

The invoice is payable within 10 days after the day when the Client was sent confirmation that the ordered e-book can be sent. The invoice shall be sent electronically to the specified e-mail address. 
The Client may pay:

  • on the basis of an invoice
  • by online payment (credit card or ClickandBuy payment system)
  • in cash at the NTL’s register

Note: The NTL shall only deliver an e-book to the Client after NTL’s bank account has been credited with the payment. Unless the e-book is paid for in the period lesser than 30 days of the invoice maturity, the NTL shall be entitled to withdraw from the contract and the Client shall be obliged to pay the contractual penalty of CZK 5,000. The right to the compensation for damage shall not be affected by this provision.

7 Liability for defects

As far as the EOD Service product is concerned, the NTL shall not assume liability that the product shall meet specific expectations of the Client or that a specific aim of the Client shall be reached through the EOD Service product. Specifically it is not possible to fully guarantee optical character recognition (OCR), which depends on the digitized book (type font, language, age of the book, etc.).

Temporary suspension of the service, e.g. suspension of the hypertext link for download of the product, ensuing from force majeure, operation breakdowns or circumstances which are not predictable from the technical viewpoint, shall not be part of NTL’s liability. 

In case the delivered EOD Service product is defective, the Client is entitled to a substitutive EOD Service product. The NTL shall not be liable for damage to the EOD product caused during transportation. Liability for other damage than the damage on the subject of delivery (e-book) is excluded. In case the Client was delivered a new, substitutive EOD Service product, the Client is obliged to return the original delivered product (CD ROM, DVD) to the NTL at NTL’s expense within 30 days. 

8 Consent with client survey

The Client agrees to participate in the client survey concerning the service in connection with EU project “eBooks on Demand” in case he does not refuse to do so at the moment of data collection (at registration). The Client is entitled to reject an e-mail message he receives without any fees and impacts on the quality of EOD Service provided. The Client shall always be notified of this possibility when an e-mail message is sent. 

9 Applicable law

Contractual relations between the NTL and the Client shall be governed by the laws of the Czech Republic.

10 Jurisdiction

The place of jurisdiction is the seat of NTL.

Modified: 15/1/2010