General Terms and Conditions
If you do not agree to these Terms, do not use the Services and Products.
- You agree that these Terms are binding for you from the moment you accept them until the time your Subscription is terminated or expires, or the trial period ends. Your consent becomes valid by accepting these Terms, i.e. as soon as you order any of our Services or Products or start using our Product.
- The contractual relationship is concluded only on the basis of the Contractual Documents, i.e. by the Supplier's acceptance of your order or the signing of an agreement between the Supplier and you. The order may be placed electronically on the Juno.One domain, where your order is accepted automatically. The order may be accepted in another written way, then its acceptance must take place individually.
- All accepted Contractual Documents become binding for the Supplier and the Service Provider.
- These Terms are an integral part of the Contractual Documents.
Performance subject-matter and scope of the services
- The performance subject are services and products, whereby you set the scope in the Contractual Documents in accordance with these Terms and for the Subscription at prices corresponding to the current Pricelist.
- You are provided with Software Maintenance Services, Hosting Services and Basic Support Services for the Subscription’s duration.
- You can change the scope of the right to use the Product and the Services provided on a monthly basis by adjusting the scope directly in the software administration.
- You acknowledge that the scope of the Services provided may change over time.
- On the basis of the Contractual Documents, you may also be provided with other professional services, whereby the scope and conditions are specified in the relevant Contractual Documents or are specified in the Pricelist.
Right of use (Licence)
- The granted right to use the Products (Licence) relates to the scope of the Products that you set in the Contractual Documents and is valid for the Subscription period or for a trial period. The right of use is granted for the number of users, for the range of software features or the range of the reference model according to the Pricelist. The granted right of use (Licence) is non-exclusive, unlimited in space, limited in time and non-transferable. The scope of the right of use is encoded in the Licence Key, which is unique for each Customer.
- For the paid Subscription, the right of use arises at the time of its payment to the account specified in the payment conditions and is only provided for the paid Subscription period and in accordance with these Terms.
- For the trial period after first activating your account, the right of use is provided free of charge for a limited period of 1 month.
- The Software source code is considered confidential information. You and any third-party are in no way authorised to make changes to the code or attempt to obtain it. It is prohibited to analyse the Software, translate it from the source code, modify or include the Software in any other software in any way. It is also prohibited to distribute, rent or loan the Software.
- The Licence does not include the right to grant authorisation to any third-party (granting the sub-licence). The Licence to use the Products is non-transferable to third-parties and is unlimited in time, except for a case where the Licence failed to be fully paid or unless in the event of a breach of the conditions of the right of use under these Terms.
- The Licence does not include the right to reproduce the Products, distribute, rent or lend the original or a copy of the Products or parts thereof, its disclosure to the public or making of copies thereof, except for one copy made for back-up purposes.
- You are authorised to configure the Software / Product only to the extent permitted by the user and administration interface and the scope of your Licence.
- You may make modifications to the purchased Reference Models at your own discretion and requirements.
- If an author’s work and/or copyright is created in any form during the provision of other services by the Provider, especially computer programmes or modules, and / or if the performance includes existing computer programmes or modules, the Service Provider shall provide the Customer with a non-exclusive and non-transferable right to use under the same conditions as those set above.
- You are granted a non-exclusive and non-transferable right to use the documentation that is made available to you or otherwise provided. This right does not include the right to reproduce the documentation, distribute, rent, loan the original or a copy of the documentation or its disclosure to the public, except for one back-up copy for your own use, which must retain the designation of all the rights to the documentation, such as trademarks, trade names or copyrights. You are obliged to restrict access to the documentation to those employees who need such access to work with the Software. You are also obliged to keep the detailed documentation confidential.
- You acknowledge and expressly agree that the Service Provider continuously improves and updates the Products, which is necessary due to the nature of the Products. These improvements and updates are released in the form of the latest current version of the Products. As part of the Subscription, you always have this latest and current version available. Outdated versions of the Products are not valid, the Provider is not responsible for them and by using them you may violate these Terms or applicable legal regulations.
Prices and payment conditions
- You undertake to pay the price (hereinafter referred to as the "Price") for services and products provided in accordance with these Terms, the Pricelist and the relevant Contractual Documents. All prices are indicated excluding VAT, as VAT will be added in the statutory amount.
- The Price is set on a monthly or annual basis:
- The first paid period only starts after the monthly trial period’s expiry, for the trial period you have the right to use it free of charge.
- After the trial period, the Subscription price will be calculated according to the scope of the services ordered by you for the period you selected.
- The Subscription is automatically renewed for each additional period until it is terminated.
- If you have selected the payment card method or by PayPal account, the amount corresponding to the scope of services you selected will be automatically deducted / collected before the beginning of the next period. A tax document will be after crediting the amount to the Service Provider’s account, this will be sent to you by e-mail and you will be able to simultaneously download it in the Software.
- If you pay by wire transfer, you will be sent an invoice in advance before the beginning of the next period, which you must pay by the beginning of the new period.
- The Price is governed by the Pricelist valid on the day of the Subscription’s collection.
- The right to collect the Price for the services arises for the Service Provider at the beginning of the new period in the scope of the services that you ordered.
- If you modify (expand or narrow) the scope of the services in the course of the month, a new price will be only set from the beginning of the following monthly period, and the total amount will only be collected on this day for the Subscription to be automatically adjusted. During your monthly period, you are entitled to a trial period of a higher Subscription - if you adjust the scope of the Subscription to its original values by the beginning of the next period, the collected amount for the Subscription will not change.
- The Price already paid for the Subscription is not refundable. This applies to situations where you do not use the Services, when you only use them partially, or if you have reduced the scope of the Subscription in the course of the period.
- The Licensor's account is set-up in the payment gateway and you need-not set it up. For extraordinary payments, the account number will be explicitly indicated in the Contractual Documents or agreed with the Service Provider.
- When selecting a "permanent Licence on your own server", you are charged a lump sum according to the valid Pricelist and an annual fee for the Product’s Maintenance Services (Software in the form of an annual Subscription. Within this amount, you are entitled to online support for the application’s placement and configuration in its environment up to the extent of 1 working day. Any further work beyond this scope is further charged according to the current Pricelist of the Provider or the contractual Partners.
- Unless stated otherwise in the Contractual Documents, the Delivery’s Payment Conditions and the Prices of other Services that are not part of the Subscription are as follows:
- The right to issue a tax document for the Services arises for the Supplier after providing the services to you.
- You will be sent a tax document and you shall pay for the services.
- The invoices are due 14 days from the date of their delivery to you. The invoice is considered as delivered on the second working day after it is sent to the address of your registered office. The tax document shall contain the legal requirements according to the relevant legal regulations. If it does not to have the relevant requirements, contains incorrect or incomplete information and for these reasons you refuse to reimburse it duly and in time, you are obliged to return it to the Supplier no later than 7 days after receiving it with information with concern to what you object to regarding the invoice. In this case, a new due date runs from the corrected invoice delivery date.
- Payment is deemed to have been made on the day it is credited to the Supplier’s account specified on the invoice.
- In the event of late payment, you are required to pay the late payment interest of 0.05% of the amount due for each day of delay.
Delivery, acceptance and handover
After first ordering the software from our website, you will receive your new unique URL address, access name and password for administration to the email address that you entered.
- If you select the cloud (online) when ordering, just log in and work.
- If you select to run the software on your own infrastructure (on-premises) when ordering, you will be provided with a link with the option to download the software and, if applicable, other installation services according to the Pricelist.
Acceptance and the period for calculating the Subscription are not counted as of the first use of the software, but from the moment of your first order, regardless of whether you receive the e-mail message properly.
Place of performance
The Customer obligations and cooperation
You are obliged to:
- Pay the price for the performance subject in the manner agreed between the Contracting Parties.
- Follow Technical recommendation issued by the Service Provider. The Service Provider is not responsible for problems caused by non-standard equipment.
- If you operate the Products on your own infrastructure (on-premises), then you are additionally obliged to:
- comply with the Technical and Commercial Conditions for Operation on your own Infrastructure
- maintain the software conditions for operation the Product/Software
- enable automatic control of the Licence Key by the Licence server that communicates and enables the provision of services
- develop appropriate cooperation, particularly to enable direct and remote access to the software for maintenance purposes
- You are obliged to provide further agreed cooperation if it is explicitly stated in the Contract Documents.
- Errors caused by repeatedly breaching your obligations are not covered by the Basic Maintenance Services. If the updates require technical intervention by the Licensor, you will be charged according to the services valid Pricelist.
- You are responsible for your Users, their setting-up, administration and deletion is fully in your competence.
- You are responsible for the content created by the Users' activities in the Product and for their behaviour. During the work, Users may not violate the privacy of other Users or Customers, especially to perform any activities causing the transmission or spread of computer viruses, sending unsolicited messages (spam), scaremongering and spreading of false information, as well as other activities that are contrary to applicable law. Users are obliged to comply with copyrights and applicable legal regulations, to refrain from further unlawful activities.
Liability for damage
- The Licensor shall be liable for damage caused to you solely as a result of breaching its obligations as a Supplier, unless the breach was caused by a force majeure event in accordance with the provisions of these Terms and/or the Customer’s or another user’s unprofessional. In such a case, the Service Provider is obliged to pay compensation for the proven actual damage, caused exclusively and demonstrably through its fault and confirmed by an independent forensic expert. Any compensation in connection with breaching the contract with the Service Provider is limited to compensation for actual damage (not lost profits and other indirect and consequential damage, such as loss of data) and the price actually paid for the Services. You are obliged to take measures to prevent any damage.
- Neither Contracting Party shall be liable for non-performance of any of its contractual obligations under the contract as a result of force majeure. Neither Contracting Party is entitled to demand payment of a contractual penalty for breach of obligations arising from or related to a force majeure event specified below. Force majeure means an event beyond the reasonable control of the Parties, including any unforeseeable event that occurs during the contract performance after its conclusion, including the activity or inactivity of public and local authorities, orders of public and local authorities, terrorist attack, war conflict, civil unrest, sabotage, fire, natural disasters, epidemics, quarantine restrictions, embargoes, accidents, explosions, etc. In the event of force majeure, the Party whose performance is endangered by such an event shall immediately inform the other Party and make every effort to overcome its inability to carry out the performance. The provisions of this paragraph shall not apply to the payment obligations incurred before the event of force majeure.
- Liability for third-party software and products is governed by the terms of those third-parties.
Warranties, disclaimers and sole remedies
- The Licensor warrants that when providing the Services and Products that are the performance subject-matter, it will make commercially reasonable efforts and apply professional knowledge in accordance with the Contractual Documents. The warranty period is the same as the contractual period for the provision of these Services and Products.
- The Licensor is not responsible for the uninterrupted or defect-free operation of third-party services and products that it cannot control, such as the operation and delivery of e-mail messages, SMS messages, other messages, or Internet connections.
- The Licensor does not warrant uninterrupted or defect-free operation of the Services and Products that are the performance subject-matter, nor does it warrant that it will fix all the Service defects and that it will meet your requirements and expectations.
- These warranties are the exclusive warranties of DENEVY and supersede all other warranties, including warranties or conditions of satisfactory quality, merchantability, non-infringement of third-party rights and fitness for a particular purpose arising from the circumstances.
- The Licensor shall not be liable for any inconvenience arising from your content, third-party content or services provided by third-parties.
- The Licensor is not responsible for the content created by the use of the Software or other applications derived therefrom. You and your users are always responsible for the use and creation of the content. If DENEVY software or applications derived therefrom are used to address any legislative obligations, those obligations and responsibilities arising therefrom may not be transferred to the Licensor. The user’s decision-making carried out on the basis of the inserted content is made independently by the user, based on its knowledge, experience, information and other circumstances. The software does not replace or relieve the user of responsibility for decision-making, because it is used primarily for data storage and does not contain decision-making algorithms, nor does it have elements of an expert system to replace decision-making. You and your users are fully responsible for wrong data, incorrectly entered data or data entered in an incorrect way or in different boxes (details) other than those recommended by the product.
- The Provider's liability shall not apply to circumstances excluding liability according to applicable legal regulations or to damage caused by force majeure, i.e. to extraordinary, unpredictable, insurmountable, unavoidable and unintentional events. Furthermore, its liability shall not apply to damage caused by unprofessional conduct or Customer and User errors, their negligence of security rules and other obligations and to damage caused by errors of third-parties, which the provider could not influence or anticipate even if it proceeded with due care.
- If the Customer operates the Products on its own infrastructure, the Licensor shall not be liable for damage caused by non-compliance with the recommendations and conditions of operation on its own infrastructure.
- In case of any breach of the service warranty, your sole remedy is the right to repair defective services that breach the warranty. In case the Service Provider is unable to sufficiently correct the deficiencies in a commercially acceptable manner, you may terminate the use of the defective Services and the Licensor shall reimburse you the fees for the terminated services you subscribed to for the period following the applicable termination date.
- To the extent permitted by the law, these warranties are exclusive and there are no other express or implied warranties or conditions, including warranties and conditions relating to the software, used hardware, infrastructure, cloud, systems or environment or merchantability, satisfactory quality, and suitability for a specific purpose.
- You declare that you are aware of and agree that the Software is provided "as is", i.e. in the condition in which it is handed over. You are aware and acknowledge that any software may and usually does contain some errors, defects, which correspond to normal business practice in the field of software. The Service Provider shall make an economically reasonable effort to ensure that any defects identified in the Software are gradually rectified within subsequent versions of the Software that it releases. The decision as to which errors, as well as when and how they will be rectified is entirely at the Service Provider’s discretion in planning the Software’s further development.
- The Software requires the Products to communicate with the Licence Server. This communication does not include any sensitive Customer data, it only includes technical data to control the Licence Key and information about software errors. It is possible to eliminate software error faster, thanks to this communication.
Data protection and confidential information
- According to these Terms, the following are considered as confidential information:
- Your data, which means all continuous real data of a commercial, production, technical or economic nature related to the Products, which have real or at least potential value for you;
- Product know-how, which means all knowledge of a commercial, production, technical or economic nature related to Products that has actual or at least potential value;
- Business information, product know-how specified in the offer or provided to the Customer in the context of specifying the offer or during the performance of the contractual relationship, information contained in the Contractual Documents and which is not publicly available on the website www.denevy.eu
- According to these Terms, the software source code, procedures, methodology, diagnostics, documentation and all other information, which shall be designated as confidential information in advance, are considered as confidential information.
- The parties undertake not to copy confidential information in whole or in part; this obligation does not apply to cases where it is necessary to correct, generate or modify confidential information for its authorised use within the meaning of these Terms. The Parties shall affix all specifications appearing on the original to each copy, including its storage medium.
- The Parties undertake to treat the confidential information as a trade secret, in particular to keep it secret and to take all the contractual and technical measures to prevent its misuse or disclosure. Confidential information may only be entrusted under confidentiality conditions to people who need such information for performance purposes under these General Terms and Conditions.
- The Parties undertake to inform their employees, governing bodies, their members and subcontractors to whom the confidential information is made available of the obligation not to disclose the confidential information within the meaning of these General Terms and Conditions.
- The obligation not to disclose the confidential information defined above is binding on the Contracting Parties for the period the Contractual Documents are in effect and for a period of 2 years after terminating their contractual relationship.
- The Contracting Party that violates any of the obligations under this article is obliged to pay the other Party a contractual penalty of 1,000,000 CZK for each not insignificant breach of such an obligation, within fifteen days from the delivery date of the invoice issued for its payment. This shall not affect or limit the right to compensation of incurred damage.
- Nothing in these Terms or the Contract Documents shall prevent or restrict the Service Provider from commercial use of any technical knowledge, skills or experience of a general nature acquired in this Contracts performance, including the use in its marketing activities, which is not determined as confidential.
Performance interruption and Contract termination
The provision of the Service will be automatically interrupted if:
- the Subscription amount will not be credited to the Service Provider’s account. Until the amount is paid, your login will be blocked.
- you violate the Terms, particularly the Licence key control. Your login will be blocked for the duration of the Licence conditions violation.
The provision of the Services will be automatically terminated if:
- the trial or paid period for the Products terminates and you choose not to use the paid Subscription for the next period;
- you are in delay with Subscription payments by more than 14 days;
- you violate the Terms, particularly the Licence key control, for more than 14 days;
- you or the Service Provider will notify the other party in writing at least 14 days before the agreed period’s expiry that you are not interested in further service provision. You can terminate the provision of services in your software administration settings or via e-mail firstname.lastname@example.org
- After the end of the right of use, you will have the opportunity to download your data in CSV (comma separated value) format together with the export of attachments for another 30 days.
- In the event that you operate the Products on your infrastructure and the right to use the Products under these Terms terminates, you are obliged to delete or ensure the deletion of all the copies of the Products to which you had the right of use, their installations, including their backups on the data storage media for no later than one week after the expiry of the relevant right of use. You are obliged to confirm the fulfilment of this provision to the Service Provider in writing.
- In the event of Subscription interruption and renewal due to not performing your obligations under this Contract, you undertake to pay the price difference for the Subscription as if it were not interrupted and also undertake to pay for the paid services that the Provider or its contractual partners will have to carry out in order to renew or rectify the interrupted Subscription in this way.
- If either Party breaches these Terms or the Contractual Documents in a material way, one Party is entitled to request the other Party in writing to fulfil its obligations. If, within thirty (30) days of receipt of such request, the Party in breach of the Contract fails to take satisfactory steps to remedy, or if within sixty (60) days of such request, or within any longer period as may be agreed by the Parties, that Party fails to remedy the breach in obligations, the other Party may withdraw from the performance subject without depriving itself of any other rights or means to obtain the remedy. The following are considered to be material breaches of Contract:
- delay in delivery longer than 30 days,
- non-payment of the contract price or its part specified in the Contract Documents,
- breach of any of the Licence terms of the right of use by you,
- breach of the protection of confidential information in the Contract performance.
- If either Party is insolvent, in liquidation, or a compulsory administration of property is imposed thereupon or it is otherwise unable to meet its financial obligations, the other Party may, without depriving itself of any other rights or possible remedies, withdraw from the Contract by notifying this fact to the other Party. In case the above-mentioned applies to you and the Service Provider fails to withdraw from the Contract, the Service Provider is obliged to provide you with performance in accordance with the relevant Contractual Documents only up to the amount of the performance paid in advance by you.
- In the event of premature contractual relationship termination for any reason, this will simultaneously terminate the right to use the Products and terminate the provision of any Services.
- Withdrawal from the Contractual Documents or these Terms is valid on the delivery date of the withdrawal notice, ex-nunc, i.e. without retroactive effect, provided that the performance provided is not returned. In the event of Contract withdrawal, the Customer is obliged to pay the corresponding part of the performance price provided by the Supplier until the moment of the Contract withdrawal.
- The provisions of the articles, whereby the aim is to regulate the relations of the Contracting Parties even after the expiry of specific Contractual Documents, shall remain in force and effective even after the expiry of the Contractual Documents in question.
- The contractual relationship between the Parties is governed by the Czech Republic legal regulations. The Contracting Parties undertake that any discrepancies arising during the Contract’s implementation shall be resolved in a fair manner, in accordance with legal regulations and rules of decency.
- If the dispute cannot be settled amicably, all disputes arising from this Contract and in relation thereto shall be finally decided by the Arbitration Court attached to the Czech Republic Economic Chamber and the Czech Republic Agricultural Chamber according to its Rules by three arbitrators.
- All notifications between the Contracting Parties relating to the Contractual Documents or to be carried out on the basis of the Contractual Documents shall be made in writing and be delivered to the other Party either in person, by fax, registered letter or other registered mail. Notifications delivered by electronic means, in particular by e-mail, are also considered by the Parties as written. Notifications are considered as delivered in case of personal delivery, fax or e-mail on their delivery, or dispatch date. In other cases, the third day after their demonstrable dispatch.
- In the event that the Supplier begins performing on the basis of the Customer's request (in writing, by e-mail or fax) or on the basis of another document (such as letter of intent to conclude a contract) before concluding a contract for performance of the project, the Parties mutual rights and obligations are governed by these Terms and by the Supplier’s offer, as amended by its written specifications. For the avoidance of doubt, the Customer's instruction to begin the works shall be deemed to be consent to the performance being provided in accordance with the offer and these Terms until the conclusion of a proper Contract.
- In the event of termination of the Customer as a legal entity, the rights and obligations arising from this Contract pass to its legal successor.
- The conditions may be unilaterally updated by the Service Provider and are published through the portal. The Customer shall always be informed electronically about any modifications to the Conditions. The contractual relationship is always governed by the current Terms as of the date of the last provided software version.
- In the event of a discrepancy between the content of the individual Contractual Documents, the content of the binding offer shall prevail over these Terms and the binding offer together with these Terms shall prevail over all other Contractual Documents.
- Services include granting the right of use (Licence) the Products, Hosting Services, Software Maintenance Services and Basic Support Services. They may also include other services that are listed in the Pricelist. These services are provided by the "Service Provider" (or also referred to as the "Licensor"). Any other services are governed by the Contractual Documents and shall be listed and specified therein.
- A Subscription is a contractual relationship for the provision of Services to the extent that you set in the Contractual Documents. The Subscription shall include at least three users. The Subscription includes at least the right to use the Products, Maintenance Services and Basic Support Services. The Subscription is automatically renewed until it is terminated. You are only entitled to draw the Subscription in accordance with the Terms. Within the Subscription, you always have the latest and current version of the Products available. For a permanent Licence, the Subscription takes the form of an annual update. The scope of the Subscription is always specified in the Software administration.
- Hosting services means ensuring the operation of Software by the Service Provider on the server infrastructure of third-parties, which the Provider leases and on which all data is stored. Although the data is stored by third-parties, third-parties do not have access to the data. The provider's services include infrastructure care and backup to the extent specified in the Pricelist.
- Software Maintenance Services are provided to you automatically and mean that the Service Provider continuously improves and updates the Software and you have the current version available. Maintenance Services only apply to standardised and native components of the Software. Therefore, they do not include third-party software maintenance, virtual environment maintenance in the on-premise mode, implemented integration maintenance or the implementation or modifying the Products for your needs.
- Basic Support Services are only provided for Software failures that may be caused by maintenance (updates). You may report failures and raise technical questions through the Software or at email@example.com. Failures will be recorded and the Service Provider will make reasonable efforts to eliminate them and you will be provided with remote assistance. Basic Support Services do not cover the solution of situations caused by non-compliance with technical recommendations or technical conditions for operation on the own infrastructure.
- Extended Support Services are provided to the extent specified in the Contractual Documents and Pricelist and may include technical support, your data administration, customer support services, setting-up your Products or care for your users.
- Reference Model Maintenance Services mean that you have the latest version of the Reference Models to download. They do not include implementing a new version of reference models into your environment, which you may order as a separate service.
- The Services and Products Pricelist is available on the www.denevy.eu or www.juno.one websites. The Service Provider reserves the right to continuously and unilaterally update the Pricelist.
- The Products are a general term for the Software and Reference Models.
- The Software is a stand-alone JunoOne platform and all the software working with or above this platform, which is part of its distribution and to which you have acquired the right of use through JunoOne, always in the relevant version.
- The Reference Model is a prepared document or data content, a universal data structure in the relevant version, which is intended for the fast filling of database and subsequent adaptation by the Customer according to his specific needs.
- A permanent Licence means granting the right to Products in the form of an investment purchase together with the obligation of annual payment for Software Maintenance Services (updates and maintenance), which is renewed repeatedly and automatically, every 12 months, unless you demonstrably notify the Provider or Supplier that you have no interest in their further provision. Failure to pay or other Software Maintenance Service termination shall terminate the warranty on the Products and therewith also your right to use the Products. You may obtain a permanent Licence only if you operate the Products on your own infrastructure.
- Contractual Documents means accepted orders, contracts or settings the scope of services and Subscription in the Software administration, on the basis of which the Subscription is provided to you and a contractual relationship is established between the Supplier, Licensor and you, which is governed by these Terms and applicable legal regulations, as amended.
- The Supplier is the Party to the Contractual Documents which supplies or mediates the Performance of the subject-matter to you. Only the Service Provider or the Contractual Partner with a valid contract may be the Supplier. The list of contractual partners is published on the website www.denevy.eu or www.juno.one.
- You are the Customer ("Customer" or "You"). It is the Party to the Contractual Documents that has ordered and duly paid the Subscription.
- Service Interruption means that users cannot log in to the system, it can only be done by the administrator after making a payment or change in the payment method and uploading a valid Licence key.
- Terminating the Service means that users cannot log in to the system and the administrator can request the download of data.
- The User is a specific person from the Customer or designated by the Customer, who uses the Products and Services under his user account and performs individual acts of storing, reading or sharing data in the Product according to the rules contained in the Terms. The User is identified by his username and his actions leave an audit trail in the system.
- The Administrator is the User with the highest authority, which enables him to perform system administration, create Users, define the scope of their authority to the data in the system. The actions of the administrator have a fundamental influence on data security and as a Customer representative must therefore be equipped with a sufficient degree of competence to perform these actions.