GENERAL TERMS AND CONDITIONS OF COOPERATION WITH THERAPISTS

Valid as of 13´7 February 2024

1. Who are we and what do we do? What terms are we going to use in these Terms and Conditions?

    1. We are Hedepy s.r.o., with its registered office at V Tišině 474/3, Bubeneč, 160 00 Prague 6, Czech Republic, Business Identification No. 092 06 281, registered in the Commercial Register kept by the Municipal Court in Prague under the File Ref.
      C 332559 (the “Company” or “we”), which operates a platform on the website of www.hedepy.cz (the “Platform”)  that enables its users to arrange and undergo online psychotherapy and other consultations.
    2. These terms and conditions (the “Terms and Conditions”) apply to Service and Cooperation Contracts (the “Contract”) made between the Company as the Platform operator and a therapist (the “Therapist”), who offers their services through the Platform, and govern the mutual rights and obligations of the Parties arising in connection with or under the Contract. These Terms and Conditions form an integral part of the Contract.
      If the Parties negotiate provisions in the Contract that differ from these Terms and Conditions, the provisions negotiated in the Contract shall prevail.
    3. The Contract and the Terms and Conditions are governed by the Czech laws and regulations, in particular Act No. 89/2012, Coll., the Civil Code, as amended (the “Civil Code”). If the relationship established by the Contract (including the Terms and Conditions) contains an international (foreign) element, then the Parties agree that the relationship shall be governed by the Czech law.
    4. Unless otherwise stated in these Terms and Conditions, any capitalized terms used herein have the meanings set out below:

Price” is to be understood as a price for the Service and a commission for arranging the Consultation Service Agreement and the costs or other payments, if any, associated with the provision of the Services, which the Therapist is obliged to pay to the Company.

Code of Conduct” means the current and effective Code of Conduct of the Society of the Czech Association for Psychotherapy (the “CAP”) available at http://www.psychoterapeuti.cz/eticky-kodex.

Client” is to be understood as a client who has booked a Session through the Platform.

Session” is to be understood as the Client’s online session with the Therapist, during which the Therapist provides their Consultation services to the Client.

Fee” is to be understood as the remuneration that the Therapist is entitled to for a Completed Session. Added to the Fee shall always be the Value Added Tax at the statutory rate. 

Profile” is to be understood as the Therapist’s interface (profile) that contains details of the Therapist, their specialisation in the field of Consultations and the Session Dates accessible through the Platform for Clients.  

Services” are to be understood as services provided by the Company to the Therapist under the Contract, consisting in particular of providing access to the Platform, enabling the Therapist to create an Account and manage their Profile, generation of accounting vouchers and other services as described in these Terms and Conditions or in the Contract.

Consultation Services Agreement” is an agreement made between the Therapist and the Client or between the Company and the Client, depending on whether it is a Subcontract or an Agency Arrangement, the subject matter of which is the provision of Consultation Services.

Party” means the Parties to the Contract – the Therapist and the Company.

Subcontracts” are to be understood as the outsourced supply of Consultation Services by the Therapist to Clients on behalf of the Company.

Consultation“ is to be understood as the Therapist’s services in psychotherapy, coaching or other counselling provided to the Client in a Session under the Consultation Service  Agreement on the basis of an offer published on the Platform. The types and specifications of Consultations offered by the Company are set out in Appendix 1 to these Terms and Conditions. 

Session Date” is to be understood as a specific appointment (date and time) for a Session.

Account” is to be understood as the Therapist’s user account by means of which the Therapist is allowed to use the Platform to provide Consultations to Clients.

Completed Session” is to be understood as a Session that was commenced with the Client present or a Session that the Client cancelled less than 24 hours before the agreed Session Date or which the Client failed to attend.

Agency Arrangement” is to be understood as a method of conclusion of the Consultation Service Agreement where the Company arranges the conclusion of the Consultation Services Agreement between the Therapist and the Client. 

 

2. How will the Contract be entered into?

  1. A contractual relationship between the Company and the Therapist is established once they have executed the Contract. The Contract, including any subsequent amendments thereto, may be concluded as follows:
    • In writing in a documentary form;
    • In writing by electronic means allowing the Contract to be signed in an electronic form.
  2. Prior to the conclusion of the Contract, the Therapist shall submit to the Company copies of their psychotherapy training certificate (or a certificate issued by the training guarantor), ID card, receipt from the criminal records and any other certificates evidencing their professional specialization and identity necessary for the verification of the Therapist by the Company and for proving the fulfilment of the conditions imposed on the Therapists as specified in Annex 3 to these Terms and Conditions. The Therapist declares that all the information provided is true and is responsible for fulfilling all the conditions for providing Consultations that will be offered in the Sessions.
  3. Prior to executing the Contract, the Therapist shall carefully consider their competence, expertise and training or time availability to make sure that they are authorized and capable to provide Consultations in accordance with the Contract and these Terms and Conditions. The Therapist should only execute the Contract if they conclude that it is within their capacity and capability.

 

3. What Services do we provide to Therapists and what is the difference between Agency Arrangement and Subcontracts?

  1. Under the Contract, the Company undertakes to provide its Services to the Therapist, consisting in particular in the arrangement of Consultation Service Agreements between the Therapist and the Client and further consisting in the use of the relevant Account, i.e. It will allow the Therapist to use the Platform for the purpose of offering Consultations and their services to Clients, manage their Profile, specify Session Dates and, where applicable, other content.
  2. In the case of Agency Arrangement, the Consultation Service Agreement is concluded between the Client and the Therapist. No contractual relationship is created  between the Clients and the Company by ordering Consultation Services and concluding the Consultation Service Agreement. 
  3. The Company shall arrange for the receipt of payments from Clients for Completed Sessions. Payments received will be remitted to Therapists for defined billing period and under the terms and conditions set out in these Terms and Conditions or the Contract.
  4. In the case of Subcontracts, the Consultation Service Agreement is between the Company and a third party, usually the Client’s employer, whereby the Client uses the Consultation Services while the price for the Session is paid by the third party (usually the Client’s employer) directly to the Company and the Company subsequently pays the Fee to the Therapist. A Subcontract may also be apply in the case of marketing promotions by the Company (free voucher) or when providing compensations where the Company pays the Fee for Completed Sessions. The choice of whether Consultations are provided under Agency Arrangement or Subcontract is up to the Company. 

 

4. How do the Account and the Profile work?

  1. Within 10  business days of the Contract date, the Company shall send to the Therapist’s e-mail address login details for their Account, by means of which the Therapist will be allowed to manage their Profile, use the Company’s Services, specify Session Dates and conduct Sessions.
  2. The Therapist’s account will be secured with a login name and password. The Therapist shall maintain confidentiality of the information necessary to access the Account and agrees not to allow third parties to use the Account.
  3. The therapist is obliged to disclose at least the following information about themselves on the Profile:
    • Personal data (first name, family name, education qualifications and contact e-mail);
    • Their current photograph, in which their face and likeness are clearly visible;
    • Professional information (therapeutic training, specialization, certificates, courses, diplomas, hours of experience and other information demonstrating their expertise);
    • Their areas of expertise for which they are able to provide Consultation services.
  4. In the Contract, by agreement with the Company or through the Account settings, the Therapist shall select the type(s) of Consultation offered by the Company through the Platform and listed in Appendix 1 of the Terms and Conditions, and which they will offer to Clients in their Sessions. 
  5. Selection of the appropriate category of individual Consultations according to Appendix No. 1 (Individual A, B or C) corresponds to meeting the criteria for individual Consultations, which are listed in Appendix No. 3. Any change in the category of individual Consultations is always subject to the consent of the Company based on the Therapist’s request to change the category on his Profile, however, the Company is not entitled to refuse consent without reason in the event that the Therapist meets the criteria set for the given category. 
  6. The Company shall be entitled, at its sole discretion, to temporarily or completely prevent the use of the Account by the Therapist or to hide the Profile at any time and without prior notice, in particular if the Therapist violates his/her obligations under the Agreement (including the Terms and Conditions), the rules of the Code of Conduct or violates generally binding legal regulations in connection with the provision of the Consultation, depending on the severity of such violation. The Company may also invite the Therapist to remedy such a breach, and the Therapist shall promptly remedy such a breach. 
  7. The Therapist acknowledges that the Platform or the Account may not be available continuously, in particular with respect to necessary maintenance of the Company’s hardware and software, or necessary maintenance of the hardware and software of third parties that provide the Platform or other related services for the Company, due to force majeure, third party actions or power or connectivity failure. The Company shall inform the Therapist in advance of any downtime of the Platform.
  8. The Company may check the content of the Profile and other content published on the Platform before and after its publication to ensure that it does not violate the Contract, these Terms and Conditions, the Code of Conduct and general binding laws and regulations, and publish the content only after such a check has been carried out. If the content posted by the Therapist violates the Contract, these Terms and Conditions, the Code of Conduct and/or general binding laws and regulations, the Company may decide not to publish such a content or remove it, and shall inform the Therapist to this effect.
  9. If the Therapist has not provided a Consultation to a Client through the Platform for more than one year, the Company may delete the Therapist’s Profile.

 

5. How are Session Dates added to the Profile?

  1. The Therapist is obliged to:
    • Attend the onboarding webinar organized by the Operator before adding the Session dates and providing the Consultations to the Clients; the dates of such a webinar will be announced by the Operator regularly via the Platform or via e-mail;
    • Add free Session Dates to their Profile. The Therapist shall offer at least 6 Session Dates every week. If the Therapist has more than 5 regular Clients (i.e. Clients who have attended a Session with the Therapist at least 1 time in the last 6 weeks), the Therapist shall list Session Dates in such a way that each regular Client is able to attend Sessions with the Therapist on a regular basis according to the Client’s needs, but at least once every two weeks; Clients who did not attend a Session at least once in previous 6 weeks are not considered as regular and the Therapist is not obliged to list Sessions Dates with respect to them. 
    • Add Session Dates for the following calendar month always by the 15th day of the previous month at the latest;
    • At the end of each Session, offer the Client a direct booking for the next Session Date, where the Client must have a choice of at least 2 dates over the following 14 days. The Therapist need not comply with this obligation if, based on their professional judgement, they are of the opinion that such a procedure is not appropriate for the Client at the given time or if they do not currently book Session Dates in accordance with Section 5.3. of these Terms and Conditions. 
  2. When the number of regular Clients increases and it is no longer possible to find Session Dates for new Clients, the Therapist may hide their Profile from new Clients, but is still obliged to offer Session Dates for regular Clients in order to provide follow-up care. 
  3. The Therapist is not obliged to keep the number of Session Dates posted if they notify the Company and their existing Clients at least 30 days in advance that they will not be posting Session Dates for a period of at least 7 days. However, in such a case, the Therapist shall post their Session Dates for at least 14 days after their return. If the Therapist, while exercising due professional care, deems it inappropriate for the Client to wait for the return of the Therapist for the next Consultation, the Therapist shall inform the Client to this effect and provide the Client with the contact details of another Therapist who offers their Consultations via the Platform. If the Therapist is going to suspend Session Dates for a period shorter than 7 days, they are not obliged to notify Company or Clients. 
  4. If the Therapist does not provide any Consultation in period of two months, they are obliged to attend the onboarding webinar again before adding any new Session dates to their Profile.

 

6. How does the Session itself work?

  1. Sessions are conducted remotely online via the Platform and the Twilio application, which can be accessed directly from the Platform.
  2. Sessions are conducted in an audio-visual, text or audio form according to the Client’s preferences.
  3. If the Client is late and does not log in into the Session at the beginning of a Session, the Therapist is obliged to wait 20 minutes logged in Twilio application and wait for the Client. If the Client does not log in within 20 minutes, the Therapist may log-out from Twilio application and the Therapist is entitled to remuneration for the Session. The Therapist is not obliged to extend the time of the Session by the time the Client is late to the Session.
  4. In the beginning of the first Session with the specific Client, the Therapist is obliged to check whether the Client is not under aged and whether it has full legal capacity. If not, the Therapist sends the Client a form provided by the Operator in order to obtain the consent from the Client’s legal guardian that the Client may attend the Session and the Therapist ends the Session until such consent from the Client’s legal guardian is granted.
  5. The Session duration is specified in the specification of the particular Consultation. The Therapist undertakes to respect the Session duration and to reserve always at least 10 minutes extra on top of the Session duration.  The Session starts at the beginning of the Session Date and time regardless of whether the Client joins later. 
  6. After the Client selects a Session Date and pays the relevant price, a confirmation email of the Session Date is sent to both the Client and the Therapist. The moment this confirmation is sent, the Consultation Service Agreement is concluded between the Therapist and the Client, and the Session Date becomes binding upon both Parties.
  7. The Therapist may cancel the confirmed Session Date no later than 24 hours before the agreed Session Date with the Client by cancelling the Session Date via the Account. The Company shall ensure that the information is forwarded to the Client. The Therapist may cancel (and reschedule) the agreed Session Date in this manner maximum once per calendar month for one specific Client, but no more than three times in total during a calendar month for all other Clients. The Therapist may also agree with the Client on rescheduling the Session, however the Client is not obliged to accommodate with such a rescheduling. The Operator would like to point out that it is necessary to discuss the rescheduling with the Client and try to avoid such situations – the Client already paid for the Session and made time for it, so the Client deserves to be treated respectfully and the Client could miss the rescheduling as well.
  8. If the agreed Session on the confirmed Session Date does not take place due to a reason on the part of the Therapist, without a serious reason communicated by the Therapist to the Company in advance or without undue delay, or if the Client does not agree with rescheduling the Session, the Therapist shall pay the Company a contractual penalty equal to the price for the Consultation in question paid by the Client for each such a breach, with the penalty being due and payable within 15 days from the date of the Company’s request to pay.
  9. If the booked Sessions do not take place due to a reason on the part of the Therapist, without a serious reason demonstrably communicated in advance to the Company by the Therapist more than three times in one calendar year, the Company may, in addition to the charging the applicable contractual penalty, delete the Therapist’s Profile including related content, such as reviews, etc., and to rescind the Contract.

 

7. How is the Fee paid and what are the terms of payment?

  1. For every Completed Session, the Therapist is entitled to a Fee listed in the pricelist attached as Annex 2 to these Terms and Conditions. In the case of Agency Arrangement, the Therapist is entitled to receive the Client Price after deduction of the Price, where the resulting difference corresponds to the amount of the Fee (more details are given hereunder in this paragraph). In the case of Subcontracts, the Therapist is entitled directly to the Fee. The Therapist acknowledges that the Fee structure set in the Annex 2 refers to each Client separately (i.e. the Fee for 1st , 2nd , 3rd, etc. Session shall be used for each and every Therapist’s Client).  The Operator is entitled to change the prices unilaterally and in its own discretion, in such case, the Fee shall change so that the ratio between the price and the Fee is maintained. The Operator informs the Therapist about the price and Fee change one month prior to change.
  2. Different from the above, in case the Client pays the Session with prepaid Sessions under Subscription plan, the Client is entitled to be provided with the Sessions for the same Client Price as in the start of the current Subscription. Therapist’s Fee for such prepaid Completed Sessions for duration of the Client’s Subscription will also correspond to the Fee effective at the start of the current Subscription regardless of the current pricelist in the Annex 2 or the fact that the Therapist has promoted to higher category of individual Consultations (see Art. 4.5).   
  3. The Therapist is not entitled to the Fee for the first Completed Session with a particular Client if the Client was dissatisfied with the quality of the Consultation  services provided, notified the Company of their dissatisfaction, and the Company acknowledged their reservations at its discretion. However, this does not apply if the dissatisfaction related to the Services provided by the Company, in which case the Therapist’s Fee shall be paid by the Company. If further Sessions with a particular Client take place, the Therapist’s entitlement to Fees under this paragraph shall not cease.     
  4. In the case of Agency Arrangement, the Company shall be entitled to the Price for their Services provided and for arranging the Consultation Service Agreement. The amount of the Price represents the difference between the Client price for a Session and the Fee, as set out in the price list that forms Annex 2 to these Terms and Conditions, and shall be calculated in accordance with the applicable tariff based on the number and type of Completed Consultations. The Company shall be entitled to a payment of the Price at the end of a Completed Session. 
  5. The Company shall arrange a suitable payment method on the Platform through a payment gateway, whereby the Therapist authorises the Company to accept payments from Clients under Consultation Service Agreements made in the Agency Arrangement mode to the Company’s bank account.
  6. The Company shall send the Therapist a summary of Completed Sessions and the amount of the Fee always by the 10th day of the month following the month in which the Completed Sessions took place. 
  7. The Fee will be transferred to the Therapist’s bank account always by the 15th day of the month following the month for which the Fee is due , and in the case of Agency Arrangement, the Company will unilaterally offset the Price against the Fee to be paid. The amount credited to the Therapist’s account in the case of Agency Arrangement will therefore be the Fee less the Price which the Therapist is obliged to pay to the Company.
  8. When determining and calculating the Price, the data recorded in the Platform’s records shall be decisive.
  9. By executing the Contract, the Therapist authorises the Company to issue tax documents (including corrective and advance payment invoices) or commercial invoices for the Sessions in the name and on behalf of the Therapist, provided that the Company shall provide the Therapist with a copy of such invoices. The Therapist shall disclose to the Company any and all information necessary to properly issue tax documents and verify their accuracy in accordance with the applicable laws and regulations. The Company cannot be held liable for the Therapist’s obligations towards the relevant tax authorities, in particular in relation to Value Added Tax. 
  10. If the Company is in default in settling any amount due to the Therapist, the Therapist shall be entitled to late payment interest at the statutory rate.

 

8. What are the terms of the Consulting Service Agreement?

  1. The terms and conditions of the Consulting Service Agreement are governed by the Terms and Conditions published at www.hedepy.cz/obchodni-podminky/, which the Therapist is not authorized to change or modify individually for specific Clients.
  2. Complaints and any cancellation of the Consulting Service Agreement by the Client shall be handled primarily by the Company, which the Client contacts to resolve the matter. The Company shall assess such claims by the Client at its sole discretion and with regard to the long-term cooperation with the Therapist and the quality thereof.

 

9. How long does the Contract last and how can it be terminated?

  1. The Contract is made for an indefinite period of time. 
  2. The Parties agreed on the three-months period during the first three months of the Contract duration (the “Trial Period”). During the Trial Period, the Operator sends the Clients a feedback form after each Session with the Therapist and the Operator evaluates the results whether the Therapist meets the Operator’s criteria (described here). If the Therapist does not meet the required criteria, the Operator informs the Therapist about it and the Operator is entitled to terminate the Contract during the Trial Period by written notice addressed to the Therapist at the address specified in the Contract (including an electronic form) without the notice period; the Contract is terminated upon the delivery of the notice. 
  3. Either Party may terminate the Contract by written notice addressed to the other Party at the address specified in the Contract (including an electronic form). The notice period shall be 14 days and commence on the first business day following the date on which the written notice is delivered to the other Party.
  4. In the event of termination, the Company shall immediately, no later than the end of the notice period, hide the Therapist’s Profile from new Clients. The Therapist is obliged to provide regular Clients with follow-up care through the Platform for a maximum period of 2 months, if the Client demands. If the Therapists provides Consultations many ongoing Clients, the Parties may agree the Therapist’s Account will be active on the Platform for a longer period, however in such case the Therapist is not allowed to accept new Clients during such a period. These Conditions shall apply mutatis mutandis to these follow-up Sessions. After the end of the 2-month period, the Therapist is no longer obliged to provide any follow-up care to the Clients via the Platform, but undertakes to terminate the care in a manner with regard to the Client’s interests and condition and, if necessary, to recommend further action.
  5. In the event of a breach of the Terms and Conditions and the Contract, the Parties shall be entitled to give a 5-day notice of termination in writing, commencing on the first day following delivery of the notice to the other Party. The expiry of the notice period shall not affect the Company’s right to block the Account or hide the Therapist’s Profile.  
  6. Furthermore, the Company may withdraw from the Contract in the cases set out in the Terms and Conditions and/or the Contract, and also if the Therapist breaches their obligation set out in the Contract. The Parties may not withdraw from the Contract in respect of services or payments that they have already provided to each other. Furthermore, the Company may withdraw from the Contract if a Client repeatedly reports the Therapist or their Profile for violation of the Terms and Conditions or the Code of Conduct, or if Clients repeatedly complain about the Therapist.
  7. The Therapist may withdraw from the Contract if the Company is in default with settling any amount due to the Therapist for more than 60 days.
  8. The Contract shall also cease to exist if the Account is cancelled in accordance with these Terms and Conditions. 
  9. Should the Therapist breach the Contract, the Company may unilaterally set off all claims against the Therapist and deduct the amount of such claims from the funds managed for the Therapist under the Contract. 

 

10. What other rights and obligations does the Therapist have? And what happens if they violate their duties?

  1. The Therapist has the right to refuse a client if they feel that they are not in the best position to help the Client. In such a case, the Therapist shall inform the Company and the Client and offer the Client an adequate solution in the form of a referral to another Therapist who provides their services on the Platform or another suitable organisation.
  2. The Therapist further undertakes to:
    • a) Provide Sessions and their Consultation services exclusively in person, at an appropriate expert and professional level and in accordance with all applicable laws, regulations, the Code and moral and ethical standards;
    • b) Attend at least one webinar organised by the Operator per year (the dates of such webinar will be announced by the Operator regularly) and to attend one supervision meeting with the Operator (the Operator shall inform the Therapist well in advance; such a meeting may be held regularly each quarter of the year or more often if needed);
    • c) Arrange for all technical equipment necessary for the proper and uninterrupted conduct of the Sessions, including internet access, at their expense;
    • d) Comply with all legal regulations applicable to providing the Consultation and operating their business;
    • e) Pay taxes on time and comply with all obligations arising from tax, accounting and other legal regulations, in particular filing timely and correct tax returns; the Operator informs the Therapist that the Therapist may be obliged to pay VAT in the reverse charge process according to applicable legal regulations;
    • f) Obtain VIES code and send it to the Operator and inform the Operator about the Therapist’s VAT status (payer / nonpayer) and notify the Operator in case of changes without any delay;
    • g) Fulfil a notification obligation in case the Therapist suspects a crime has been committed or it may be committed in case such crime is subject to such notification obligation under the criminal law; 
    • h) If the Client is in danger, proceed adequate steps and actions to avert that danger and inform the relevant authorities or the Client’s emergency contact, all in accordance with the legal regulations;
    • i) Keep their details (in particular billing details) up to date and accurate and, should their details change, notify the Company of such changes without undue delay or update the changed details in their Account. If the Therapists fails to comply with this obligation, the Therapist shall be liable for any damage incurred by the Company;
    • j) While using the Platform and rendering the Consultation services in accordance with these Terms and Conditions, the Code of Conduct and other legal provisions applicable to the provision of the Consultation;
    • k) Disclose only complete and truthful information about themselves and the Consultation, including Session Dates;
    • l) During their performance under the Contract or in any other actions, communications or expressions in the Therapist’s personal life, if it is possible to connect the Therapist with the Platform or the Operator, conduct themselves in such a manner so as not to bring the Company into disrepute and to proceed to the best of their ability and in accordance with good morals;
    • m) Not to videorecord or otherwise record the course of Sessions and their content, except for therapeutic notes taken in a manner that ensures their privacy, unless otherwise agreed by the Parties, and maintain confidentiality regarding any information related to Clients or Sessions. 
    • n) Protect the intellectual property rights belonging to the Company as well as the rights of third parties that may be affected by the performance of the Contract;
    • o) not to induce the Client in any way to enter into a Consultation Service Agreement or a similar contract for the provision of Consultation services directly with the Therapist. 
    • p) Not to offer their online services on other competing platforms more favourably (i.e. at a lower price or on other more favourable terms) than the Consultation services on the Platform. The tolerance allowed is a difference of CZK 100 in the price of the given type of Sessions, incl. the first Session.
  3. If the Therapist violates their obligations under these Terms and Conditions, the rules set forth in the Code of Conduct or applicable laws and regulations, not only towards the Company but also towards Clients, whether intentionally or unintentionally, the Therapist shall be liable to the Company for the full amount of damage and obliged to reimburse the Company for all costs incurred by the Company to remedy the breach resulting from the Therapist’s violating conduct.
  4. The Company may monitor, in an appropriate manner, compliance with applicable regulations (including data protection legislation, and in particular the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data) and the performance of the Contract, including the provision of Consultations, by, among other things, obtaining feedback from Clients. The Therapist undertakes to render the necessary cooperation and assistance during a review pursuant to the previous sentence.
  5. In the event of a breach of the obligation:
    • Pursuant to Art. 10.2(a, k, l, p), the Therapist shall pay the Company a contractual penalty of CZK 2,000 for every such a case of breach;
    • Pursuant to Art. 10.2(o)  the Therapist shall pay the Company a contractual penalty of CZK 10,000 for every such a case of breach.
    • Pursuant to Art. 10.2(m) and Art. 12.1, the Therapist shall pay the Company a contractual penalty of CZK 50,000 for every such a case of breach

The Contractual penalty shall be due and payable within 14 days of the Therapist receiving a written invitation to pay the same. The settlement of the contractual penalty does not exclude the Company’s entitlement to damages in full.

 

11. What if something does not work on the Platform?

  1. If the Therapist needs to contact the Company for service support, e.g. to report a bug, ask a question or place a request, they can contact the Company at podpora@hedepy.cz

 

12. How do we protect confidential information and the Clients’ personal data?

Confidential Information

  1. The Agreement and the information and documents relating thereto, including details of Clients,       Consultations and Sessions, as well as any information, materials or documents shared with the Therapist by the Operator during webinars, courses or shared in any manner, are confidential without having to be explicitly marked as such, and the Parties shall not, without the consent of the other Party, disclose such information in any form to third parties, except where disclosure of such information is required by law or by competent authorities pursuant to the legislation in force, or where such information is already available in the public domain.
  2. The foregoing obligation shall be without prejudice to the Parties’ right to disclose information relating to the Contract and any other information and documents relating thereto to their professional advisers, their employees or other contractors, provided that such persons assume an obligation of confidentiality at least to the same extent as that arising from these Terms and Conditions. Furthermore, it shall not be considered a breach of the obligation of confidentiality if the disclosure of the information is subject to the consent of the other Party, or if the disclosure results from the Terms and Conditions, or if the Therapist has a reporting obligation under the applicable law (in particular under the Criminal Code).
  3. The obligation to keep the above information confidential shall continue after the termination of the Contract.
    1. Personal Data of Clients
  4. The Therapist is obliged to process the Clients’ personal data in accordance with the applicable legislation, whereby the Parties confirm, for the avoidance of doubt, that they are separate data controllers and that there is no data processing relationship between them.
  5. The Therapist further undertakes to inform the Clients of what personal data it processes and to fulfil the obligation to inform towards the Clients according to the regulations governing the protection of personal data.
  6. Requests from Clients as data subjects in the area of personal data protection will be handled by the Company, and the Therapist undertakes to (i) inform the Company of the receipt of the Client’s request within 72 hours of receipt; (ii) render all assistance to the Company in order to prepare a timely and comprehensive response to the Client; (iii) render any and all assistance with exercising the right to transfer data, if applicable, while ensuring the protection of the transferred data and ensuring that it is not disclosed to third parties, including the Company, during the exercise of the right.
  7. The Therapist undertakes to inform the Company of (i) any leak of the Clients’ personal data; (ii) a complaint from the Client as data subject received through the Data Protection Authority and/or any other supervisory authority, which may affect the professionalism and/or expertise of the processing of personal data; (iii) any notification by the Data Protection Authority of the initiation of an inspection and/or verification of the correctness of the handling of personal data, all within 48 hours of discovery.

 

13. What about the intellectual property of the Company and the Therapist?

  1. The Company is the exclusive and unrestricted executor of all proprietary and, to the fullest extent permitted by law, personality rights in the Platform as a copyrighted work within the meaning of Act No. 121/2000 Coll., the Copyright Act, as amended (the “Copyright Act”).
  2. By executing the Contract, the Company grants the Therapist a limited right to use the Platform to the extent of the functionalities made available to the Therapist within the Account (the “Licence”). The license under this Contract is non-exclusive. The License is granted for the term of the Contract. The License is not limited in terms of territory. Under the License, the Therapist is not authorized to grant any portion of the rights constituting the License (grant a sublicence) to a third party or assign the License to a third party without the Company’s consent. The license fee for granting the License is part of the Fee.
  3. Any and all of the Company’s rights (both proprietary and personal, where permitted by law) in the Platform shall remain vested in the Company. 
  4. The Therapist hereby grants the Company a non-exclusive license to make unrestricted use of the works, i.e. in particular the names, logos, slogans, graphics and photographs that are part of the content published by the Therapist on the Platform. This authorisation is granted without a limitation in terms of territory and time and free of charge. 
  5. The Parties may mention the other Party as a reference on their websites. If they transmit logos or other works to each other for this purpose, they are entitled to use them for the purpose of attaching them to the reference, according to the instructions of that Party or according to their usual use to fulfil the purpose of the reference. The Therapist is not allowed to take over or publish references obtained from Clients without the Company’s consent.  
  6. The Company may use information about the Consultation services and the Therapist, including the name of the Therapist and the Therapist’s specialization, both offline and online, including email marketing and/or PPC advertising and similar types of online promotion, in promoting its Services and the Platform. The manner in which the Services, the Platform and the Therapist are promoted within the Platform and on other websites is at the Company’s discretion. 

 

14. Who bears what responsibility?

  1. The Company does not accept any responsibility for the proper provision of Sessions and Consultation services to the Client. The Therapist is entirely liable for any harm caused by any advice or information provided during Sessions and Consultation services or as a result of the supply. 
  2. The Company shall not be liable for any harm caused by misuse of the Platform, Account or the Therapist’s Profile  for any reason whatsoever (including, but not limited to, force majeure, actions of a third party or the Therapist, power or connectivity failure). The Company can neither be held liable for any damage (including lost profits) arising from the use of the Platform, Account or the Therapist’s Profile or from any limitation or interruption in their availability, nor shall the Company be liable for any interruption in the provision of the Services if caused by third parties or force majeure (for example, a cyber attack, prolonged power or telecommunication outage, improper service by service companies) or by the Therapist (for example, improper handling of the Platform, Account or the Therapist’s Profile, failure to provide internet connectivity, defect in equipment, defect in hardware, third party features and technologies, etc. ) or because the operation of the Platform, Account or the Therapist’s Profile is terminated. For these cases, the Therapist waives the right to damages. 
  3. On the other hand, the Company is liable to the Therapist for damage caused by a gross or wilful breach of the Contract, yet only up to the amount of the Fee already received for the Services provided. Lost profits are not compensated in any case.  
  4. The Therapist shall be responsible for the provision of Sessions and, if they are unable to provide the Client with the Consultation properly and on the agreed Session Date, the Therapist will be held liable for the consequences. The Operator recommends the Therapist to arrange liability and malpractice insurance.

 

15. Final Provisions

  1. The Therapist acknowledges that the Company processes their personal data for the purpose of providing the Services in accordance with the legislation on the processing and protection of personal data, in particular, but not exclusively, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (GDPR), Act No. 110/2019 Coll., on the processing of personal data, as amended, and any judicial or administrative interpretation of the legislation relating to the processing and protection of personal data, any guidelines, codes of conduct or approved certification mechanisms issued by the Data Protection Authority. Details regarding the processing of personal data of Therapists are set out in the Personal Data Processing Policy published on the Platform.
  2. The Company may unilaterally amend these Terms and Conditions by giving the Therapist at least a 15-day notice of the amendments by email. If the Therapist does not agree to the change, the Therapist shall notify the Company by email and shall have the right to terminate the Contract as at date of the change to the Terms and Conditions. If the Therapist does not express their disagreement, the Therapist will be deemed to have agreed to the change of the Terms and Conditions.
  3. Any disputes relating to the Services or the Contract shall be resolved exclusively under Czech law and shall be resolved by the courts of venue and jurisdiction in the Czech Republic according to the Company’s registered office.
  4. If any provision of the Terms and Conditions is declared invalid or ineffective, the other provisions of the Contract and the Terms and Conditions shall continue to be valid and effective, provided that they can be severed. The invalid or ineffective provision of the Terms and Conditions shall be replaced by a provision whose meaning is as close as possible to the invalid or ineffective provision.
  5. The Company may assign the rights and obligations under the Contract to a third party, to which the Therapist agrees.
  6. Exchanges of email or other electronic messages will be deemed to constitute a written form unless otherwise agreed in these Terms and Conditions or the Contract.
  7. For the avoidance of doubt, the Parties expressly acknowledge that they are entrepreneurs, executing the Contract in the course of their business.
  8. The Parties hereby assume the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
  9. The Parties exclude the application of the provisions of Section 557 of the Civil Code, which means that the meaning of a word or term shall not be applied to the detriment of the first person who used it.

 

Prague, dated 17.02.2024

Annex 1 to the Terms and Conditions

TYPES OF CONSULTATIONS

Individual A (50 minutes)

Couple (90 minutes)

Annex 2 to the Terms and Conditions

CONSULTATION PRICELIST

Individual A (50 min)
Client’s price55 EUR
Fee after 1st Completed Session28 EUR
Fee after 2nd Completed Session37 EUR
Couple (90 min)
Client’s price79 EUR
Fee after 1st Completed Session40 EUR
Fee after 2nd Completed Session53 EUR

Annex 3 to the Terms and Conditions

REQUIREMENTS OF THERAPISTS

 

Criteria for Therapists providing Consultation services in psychotherapy for Czech therapists

  • Psychotherapists with completed training that meets the criteria defined by professional organizations (ČAP,ČPtS, EAP).
  • Psychotherapists in training who are supervised by a professional supervisor of their training or a supervisor who has spent at least 5 sessions with the therapists. 
  • Psychotherapists who are members of professional organizations (ČAP, ČPtS, EAP)

 

Criteria for Therapists providing Consultation services in English

  • In addition to the above criteria for being a therapist at Hedepy, it is necessary to undergo an acceptance interview with a therapist who is a native English speaker and can assess the language proficiency of the therapist for English sessions