Terms of Cooperation

1. Introductory provisions

1.1. These Terms of Cooperation (the "Terms") govern the relationship between HOTHESS s.r.o. (the "Contractor") and any natural or legal person ordering graphic work and production (the "Client").

1.2. The Terms form an integral part of every order, and by confirming an order (in writing, by e-mail or through a communication platform) the Client agrees to their content in full.

1.3. All communication conducted by e-mail or via social networks (Messenger, WhatsApp, Viber and similar platforms) is considered binding written communication.

1.4. A business day means Monday to Friday, excluding public holidays in the Czech Republic.

2. Subject of cooperation

The Contractor provides the Client with graphic work and production in two scopes:

A) Graphics as part of production

The graphic proposal is delivered as part of an order for the production of products (T-shirts, hoodies, caps, flags, tents, softshell jackets, printed hostess clothing and other products offered by HOTHESS s.r.o.).

B) Standalone graphic work (without production)

The Client orders only the graphic proposal and source data, and arranges production on their own.

3. Course of cooperation

3.1. Brief: The Client sends the Contractor all source materials, photographs, requested colours, logos and other relevant materials in vector formats (PDF, Ai, EPS, CDR, TIFF).

3.2. Delivery of materials by the Client: If the Client does not deliver complete materials within 10 days of the Contractor's request or does not respond to requests to supply further information, the Contractor is entitled to cancel the order. The Contractor is not in delay with delivery deadlines for as long as it is waiting for materials or cooperation from the Client.

3.3. First proposal: The Contractor prepares a graphic proposal of the product showing both the front and the back (and other views depending on the product type).

3.4. Revisions: The order price includes one complete proposal and two sets of revisions. A revision set is defined as all comments sent by the Client at once in a single message.

3.5. Additional work: For each further set of revisions beyond the two included, the Contractor charges CZK 500 excl. VAT (EUR 20 excl. VAT), unless agreed otherwise.

3.6. Final approval: The Client approves the final version in writing, preferably by e-mail or by a message on a communication platform.

3.7. Client inactivity: If the Client does not respond to communication from the Contractor for 10 days (does not give feedback on the proposal, does not approve the final version, does not deliver further materials), the order is considered forfeited. The Contractor is then entitled to payment for the work performed pursuant to Art. 4.

4. Pricing terms

A) Graphics as part of production

4.1. If the Client orders graphic work and the production itself from the Contractor (e.g. T-shirt printing), the graphic work is included in the production price and is not charged separately, unless agreed otherwise.

4.2. If production does not take place for any reason (the Client decides not to continue, cancels the order, a final agreement cannot be reached, the order is forfeited under Art. 3.7, etc.), the Contractor is entitled to payment for the graphic work performed in the amount of CZK 875 excl. VAT (EUR 35 excl. VAT).

4.3. In the case described in point 4.2, the Client receives only an invoice for the graphic work. No source data, outputs or graphics are handed over to the Client.

4.4. Cancellation of textile and other production after approval of the proposal: After the Client's written approval of the final proposal, production cannot be cancelled unilaterally. If the Client cancels after approval, the Client bears the costs of:

• material already ordered (fabrics, inks, other raw materials) in full,
• printing work and operations already carried out in full,
• administrative work at the hourly rate of CZK 1,200 excl. VAT / hour.

B) Standalone graphic work (without production)

4.5. The price of a standalone graphic proposal including source data is CZK 3,000 excl. VAT (EUR 120 excl. VAT), unless agreed otherwise.

4.6. Payment terms:

• New clients: 100% advance payment before the production data is sent.
• Regular clients with a positive payment history: invoicing with a one-week due date.

4.7. If the Client cancels the order while it is being processed, the Contractor charges only for work actually performed, at an hourly rate of CZK 1,200 excl. VAT / hour (EUR 50 excl. VAT / hour). The Client receives only an invoice, not data or outputs.

4.8. Handover of data: After payment of the full amount, the Client receives the complete source data in the agreed format (PDF, Ai, EPS, etc.).

C) Minimum production volume and size limits (textiles)

4.9. The standard minimum production volume for textiles (T-shirts, hoodies, softshells, etc.) is 10 pcs per order.

4.10. Small runs: For smaller quantities (1–9 pcs), a small-run fee of CZK 800 excl. VAT is charged. Some production technologies cannot be carried out below a certain volume, even with a fee — in that case the Client is informed of this before the order is accepted.

4.11. Size limits:

• From 10 pcs, the price applies to a maximum of 4 sizes of the given product.
• From 20 pcs, the price applies to a maximum of 6 sizes of the given product.
• Each additional size beyond the stated limit is charged with a surcharge of +10% on the total order price.
• Sizes are counted separately across individual product lines (men's, women's, children's, unisex) — each line has its own size limit.
• In justified cases the price may be agreed individually.

Common provisions

4.12. All prices are stated excluding 21% VAT, unless stated otherwise.

4.13. Prices in EUR are indicative. The binding price is always in CZK. When invoicing in EUR, the current CNB exchange rate on the invoice date applies.

4.14. Contractual penalty for late payment: If the Client is late in paying an invoice, the Contractor is entitled to claim a contractual penalty of 0.05% of the amount due for each commenced day of delay. This does not affect the right to statutory default interest.

4.15. Withholding delivery in case of non-payment: If the Client is late with payment, the Contractor is entitled to withhold delivery of the order until full payment, without being in delay with its own deadlines.

5. Copyright and licence

5.1. All graphic proposals and solutions created by the Contractor are copyright works within the meaning of Act No. 121/2000 Coll., the Copyright Act.

5.2. Until the invoice is paid in full, the Contractor remains the exclusive owner of the graphic proposal with all copyrights.

5.3. After the invoice is paid in full, the Client obtains:

• For standalone graphic work (section B): full ownership of the graphic work. The Client may deal with the work at their own discretion (modifications, distribution, sale to third parties, use on any products).
• For graphics as part of production (section A): a licence to use them only on products produced by the Contractor. Source data is not handed over to the Client.

5.4. Portfolio: The Contractor is entitled to use the graphic proposals created and photographs of completed orders for its own marketing purposes (portfolio, websites, social networks), unless expressly agreed otherwise. The Client may ask for a specific work not to be published.

5.5. Data archiving: The Contractor archives source data of orders for 2 years after completion of the order. After this period, the data may be deleted without prior notice to the Client. The Client has the right to ask for the data to be stored for longer (charged individually).

6. Client's responsibility for source materials

6.1. The Client bears full responsibility for the materials it provides to the Contractor.

6.2. The Client declares that the materials provided:

• do not infringe the intellectual property rights of third parties,
• do not infringe personal, property or other rights of third parties,
• are not in conflict with the legal regulations of the Czech Republic and the European Union,
• do not promote criminal activity, movements aimed at suppressing human rights and freedoms, or other unlawful activities.

6.3. The Client is responsible for the print and technical quality of the materials supplied (resolution, vector formats, colour profile).

6.4. If the Contractor is shown to have infringed the rights of third parties as a result of using the Client's materials, the Client is obliged to compensate the Contractor for all damage incurred.

6.5. Third-party licences in graphics: If the proposal contains elements subject to third-party copyright (fonts, icons, photographs, illustrations from stock libraries), the Client is responsible for securing licences for commercial use.

7. Accuracy of data and approval process

7.1. The Client is obliged to carefully check all details (texts, names, numbers, logos, colours) in the final proposal before approving it.

7.2. Final approval is given in writing — most often by e-mail or through a communication platform.

7.3. After the Client's written approval of the final version, the details can no longer be disputed, where they were approved by the Client.

7.4. Approval given by telephone, verbally or without written confirmation cannot be considered binding, and the Client cannot subsequently claim errors in details approved informally in this way.

8. Colour deviations and technological limitations

8.1. General deviations

The Contractor is not responsible for technological colour deviations arising from:

• different display on monitors (RGB vs. CMYK),
• the printing technology and the type of RIP software used,
• the type of material used (absorbent / non-absorbent surface, structure, surface finish),
• the printer's ink set and material profiling,
• the production process (sublimation, screen printing, transfer, etc.).

8.2. Recommended colour format

To minimise deviations, the Client supplies colours in CMYK or PANTONE format. Even when this requirement is met, the resulting colours may differ slightly from the preview on a monitor.

8.3. Technological limitations of sublimation printing

Sublimation printing does not allow reproduction of metallic and fluorescent colours. This limitation applies in particular to the following products made using sublimation technology:

• T-shirts, hoodies, softshell jackets
• flags, tents, banners
• printed hostess clothing
• other textile products printed by sublimation.

If a metallic or fluorescent shade is required, the colour will be converted to the closest reproducible CMYK variant, and the result will not show a metallic or fluorescent effect. The Client is informed of this before production begins.

8.4. Pantone colour libraries over time

Over the years, Pantone colour libraries have been gradually updated (a move from the older "Pantone Solid Coated" to the newer "Pantone+ Solid Coated V1–V5"). For some shades, especially metallic colours, this has changed the way they are digitally interpreted, their LAB values and their final rendering, already at the level of graphic applications and PDF previews (Adobe Illustrator, CorelDRAW, Acrobat Reader).

Pantone officially states that the colours remain the same; in practice, however, there are visible differences between older and newer libraries in the visual display and print output of the same Pantone code.

8.5. Repeat production after a time interval

For repeat production carried out after several months or years, absolutely identical colour accuracy with the original order cannot be guaranteed. Reasons:

• updates of Pantone libraries (see point 8.4),
• a change of printing technology, RIP or printer,
• a change of ink set and material profiling,
• a change of supplier or a different production batch of fabric,
• natural ageing of archived samples (comparison standard).

These differences are more pronounced for metallic, gold, silver and fluorescent shades than for standard PANTONE process colours.

8.6. Physical reference sample

For the greatest possible colour-matching accuracy in repeat production, the Contractor recommends:

• providing a physical archive sample from the original production for comparison,
• ordering a print proof (preprint) before series production begins,
• knowingly accepting the possibility of deviations by written confirmation before production begins.

Otherwise the Contractor cannot guarantee a match with the original production, and any deviations are not grounds for a complaint.

8.7. Sizes, cuts and fabric batches

The Contractor is not responsible for minor differences in cut, size, weight or colour of the textile caused by the material supplier. In repeat production, deviations may occur between fabric production batches.

9. Deadlines

9.1. Standard deadline for delivery of the first proposal: 5–10 business days from confirmation of the order and delivery of complete materials.

9.2. Deadline for delivery of a revision: 2–5 business days from receipt of the Client's comments.

9.3. Deadlines may be adjusted according to the Contractor's current workload. The Contractor always informs the Client of specific deadlines in advance.

9.4. Force majeure: The Contractor is not responsible for delays caused by force majeure (natural disasters, illness, supplier outages of materials, technical faults, power outages, cyber attacks) and will inform the Client of this without delay.

9.5. Delay on the Client's side: If a delay arises from late delivery of materials, approval or payment by the Client, the Contractor is not in delay with delivery. The original deadlines are automatically extended by the length of the Client's delay.

10. Handover, shipping and format

10.1. Handover of graphics (section B): The final graphic product will be sent to the Client electronically from an e-mail address in the @hothess.cz domain in the agreed format (PDF, Ai, EPS, JPG, PNG, etc.).

10.2. Large files may be transferred via cloud storage (WeTransfer, Google Drive, mega.nz and similar).

10.3. Handover of finished products (section A): Finished products are handed over to the Client in person or sent by a carrier (GLS, DPD, etc.). Shipping is not included in the production price unless agreed otherwise.

10.4. Non-collection of a shipment: If the Client does not collect a shipment and it is returned to the Contractor, the Client bears the costs of re-shipping and any storage.

11. Complaints

11.1. The Client is entitled to claim obvious defects in the graphic work or the products produced within 14 days of their delivery.

11.2. A complaint must be made in writing (by e-mail) to info@hothess.cz with a detailed description of the defect, photographs and the order number.

11.3. Handling of complaints: The Contractor undertakes to settle the complaint within 30 days of receiving it. For more complex complaints, the period may be extended by agreement with the Client.

11.4. How a justified complaint is resolved, by agreement with the Client:

• repair of the graphic work or repeat production,
• supply of a new product free of charge,
• a reasonable discount on the price,
• if none of the above is possible, a refund of part or all of the price.

11.5. The following cannot be claimed:

• details that the Client approved in writing,
• colour deviations caused by the technological process under point 8,
• the absence of a metallic or fluorescent effect on sublimation printing (see 8.3),
• colour differences in repeat production after a time interval (see 8.5),
• minor differences in cut or textile batch (see 8.7),
• subjective feelings about the design after its approval,
• errors caused by materials supplied by the Client.

12. Limitation of liability for damage

12.1. The maximum amount of compensation for damage by the Contractor towards the Client is limited to the invoiced price of the order in which the damage occurred.

12.2. The Contractor is not liable for the Client's lost profit, loss of orders with third parties, loss of sponsorship income, loss of reputation or any other indirect or consequential damage.

12.3. These limitations do not apply in the case of intentional unlawful conduct or gross negligence on the part of the Contractor.

13. Confidentiality

13.1. The Contractor undertakes to maintain confidentiality regarding all Client information to which it gains access in the course of cooperation (in particular: internal materials, non-public projects, business strategies, competitors' design proposals, sports teams in the period before the official release of a new design).

13.2. Exception: Use of the work in the Contractor's portfolio after its official release (see point 5.4).

14. Personal data protection (GDPR)

14.1. The Contractor processes the Client's personal data in accordance with Regulation (EU) 2016/679 (GDPR) and Act No. 110/2019 Coll.

14.2. Data processed: first name, surname, company, company ID, VAT ID, registered office, e-mail, telephone. Purpose: performance of contractual obligations, invoicing, communication.

14.3. Retention period: for the duration of the cooperation and subsequently for the period necessary to fulfil tax and accounting obligations (10 years).

14.4. The Client has the right of access to data, its rectification, erasure, restriction of processing or to object. Contact: info@hothess.cz.

15. Final provisions

15.1. These Terms are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code.

15.2. Jurisdiction: Any disputes will be resolved amicably. If no amicable resolution is reached, the court with subject-matter and territorial jurisdiction in the Czech Republic is competent to resolve the dispute.

15.3. Language version: In the event of a conflict between the language versions of these Terms, the Czech version prevails.

15.4. Entire-agreement clause: The Client confirms that they have had the opportunity to read these Terms in full, understand their content, agree with it, and that no clause is surprising or unusual for them.

15.5. The Contractor reserves the right to update these Terms at any time. The current version is always available on the website www.hothess.cz.