1. Introductory provisions
These general terms and conditions (hereinafter "GTC") contain the terms and conditions applicable to the use of the services (hereinafter "Service") operated by the service provider (hereinafter "Service Provider") specified herein and to the user of the services (hereinafter "Customer").
The currently valid version of the GTC is available on the Service Provider's droposal.com website (hereinafter referred to as the "Website"). The processing of the Customer's personal data is governed by the Data Processing Notice, which is available at the following link: https://droposal.hu/privacy-policy
The language of the contract is english. The contract does not constitute a written contract, it is not filed by the Service Provider, and therefore it is not accessible and cannot be consulted afterwards. The technical information necessary for the use of the services, which is not included in these GTC, is provided in the information available on the website.
"Consumer" for the purposes of these GTC and the contract concluded on the basis of these GTC is a natural person acting outside the scope of his/her profession, self-employment or business activity, who buys, orders, receives, uses, makes use of services from the Service Provider, as well as the recipient of commercial communications and offers related to the services.
2. The Service Provider
Service provider name: Droposal Kft.
Headquarters: Labanc street 29. a. building. ground floor 2., Budapest 1021, Hungary
EU tax number: HU29318588
Company registration number: 01-09-386947
Registering authority: The Metropolitan Court of Budapest
Date of registration: 06/24/2021
E-mail: hello@droposal.com
3. Conditions for the use of the services, subject matter of the contract
3.1. Conditions for access to the services
The services are available to natural persons over 18 years of age, or to legal persons and entities without legal personality. The Customer using the Services and entering into the relevant contract declares that he/she is an adult person of legal capacity under Hungarian law and is generally entitled to make the declarations necessary for entering into the contract on behalf of the organisation he/she represents or has the appropriate power of attorney to enter into the contract for the Services.
3.2. Subject matter of the contract
The Service Provider publishes the exact content of the individual services, the technical conditions and functions of their use on its website, and reserves the right to make changes. The types of services are as follows:
"Dashboard and Statistics" service: in this menu, the Service Provider collects the most important management information for the Customer and provides continuous statistics on its sales.
Partner and contact management service: provides customer management assistance to the Service User. The Service Provider organises the partners and contacts added by the Customer in a separate list.
Product and service management service: the Service user can upload his products and services to the system, making it easier and faster to, among other things, prepare a quote.
Quotation service: the Customer can use the service to prepare and send a quotation to potential Customers.
Contract creation service: allows the Customer to create a contract and upload signed contracts.
Setting the cost prices for the products and services marketed by the Client, allowing the calculation of profit and statistics.
4. Subscriber contract
4.1. Establishment of the subscription contract
4.1.1. Registration, Ordering
The Customer may indicate his/her intention to conclude a subscription contract by placing an order on the Service Provider's website, at the same time accepting the provisions of these GTC and the Privacy Policy. The order is placed by simultaneous user registration, during which the Customer provides his e-mail address, name, password, billing details, e-mail address that he wishes to use for further communication with the Service Provider (hereinafter "contact e-mail address"). The order sent constitutes a binding offer by the Customer to use the service included in the order under the conditions set out in the GTC and the specifications published on the website for the service
4.1.2. Confirmation
After the order has been sent electronically, the Service Provider will confirm the order immediately, but within 48 hours at the latest, by sending an e-mail to the contact e-mail address provided by the Customer. The confirmation e-mail will contain the data provided by the Customer during registration and ordering (e.g. billing information), the order ID, the date of the order, the list of items included in the ordered service, the quantity, the price of the service and the final amount to be paid. This confirmation e-mail shall constitute acceptance by the Service Provider of the offer made by the Customer by placing the order, thereby creating the Subscriber Agreement between the Service Provider and the Customer. The present GTC, the Privacy Policy and the documents necessary for the provision of the service form an integral part of the subscription contract.
4.1.3. Correction, modification
If the Customer has already sent his order to the Service Provider and notices an error in the data contained in the confirmation e-mail, he must notify the Service Provider within 1 day in order to avoid the execution of unwanted orders. The Customer shall be exempted from the obligation to make an offer if he does not receive a confirmation e-mail from the Service Provider within 48 hours of the order he has sent.
4.1.4. Subscriber Contract
The order accepted (confirmed) in due time is considered a contract concluded by electronic means, which is governed by Act V of 2013 on the Civil Code, Act CVIII of 2001 on certain issues of electronic commerce services and information society services. If the Customer is a consumer, the contract is subject to the provisions of Government Decree 45/2014 (26.II.26.) on the detailed rules of contracts between consumers and businesses and shall take into account the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights. The right of withdrawal from the contract is regulated in section 14.3.
4.1.5. Right of control
The Service Provider has the right to verify the Customer's data, the eligibility of the person representing the Customer by using public databases (register of companies, register of sole proprietors). The Service Provider has the right to request other documents from the Customer (specimen signature, company certificate, other declarations) necessary for the provision of the service.
4.2. Scope and duration of the contract
4.2.1. Scope of the contract
The contract is concluded for an indefinite period. The subscription period shall start on the date of the order, regardless of whether the Customer has fulfilled any other obligations relating to the service up to that date. The service will be activated when the fee for the first period has been paid by the Customer (credited to the Service Provider's bank account) and the Service Provider has issued an invoice.
4.2.2. Turning day
The turn date for the service will be the last day of the period paid. The services cannot be interrupted or suspended by the Customer (at the Customer's request) during the subscription period and resumed at a later date.
4.3 Free trial, test period
The Service Provider may provide the Customer with a free trial period of 7 days. The Customer may request the trial period via the Service Provider's website, which will result in a fixed-term contract. The service used within the framework of this contract is free of charge. The Service Provider will provide information about the trial offer on its website. The trial period is available once per Customer and may be extended at the request of the Customer at the sole discretion and unilateral decision of the Service Provider, who shall not be obliged to give reasons for refusing to extend the trial period. During the trial period, the Customer may use all the functions available in the Service, but the Service Provider may limit, disable or refuse to provide certain functions during the trial period. The Service Provider shall not be subject to any quality requirements (e.g. availability time), response times, warranties and related penalties otherwise agreed for the Service during the test period. During the test period, the service may be terminated at any time without justification. If the Customer does not indicate by placing an order before the end of the test period that he wishes to continue using the service beyond the test period, the subscription contract shall be automatically terminated at the end of the test period and the Service Provider shall automatically delete the service, including all its data and settings. In the case of an order, the contract shall remain in force beyond the test period and the rights and obligations contained therein (including the Service Provider's obligation to provide full functionality and the Customer's obligation to pay the fee) shall be binding on the parties according to the terms and conditions applicable to the full (live) service. Except as otherwise provided in these T&Cs, the parties shall continue to have the rights and obligations set out in these T&Cs during the Trial Period.
5. Service fee, billing
5.1. Service fee
The Service Provider provides the services on the basis of its current tariff, which is published on its website. The Customer is entitled to change the scope of the services used and the payment cycle. In the event of an extension of the range of services, the Service Provider shall charge a pro rata temporis differential fee. In the event of a reduction in the scope of services, the Service Provider shall not refund the fees paid for the remaining period. The Service Provider may unilaterally modify the (list) fees listed on the website and thus the fees agreed in the contract once a year or unilaterally with immediate but not retroactive effect in the event of changes in the composition of services or the content of packages. The Service Provider shall notify the Customer of the modification at the contact e-mail address at least 7 calendar days before the modification takes effect. If the Customer does not agree to the amendment, he may terminate the contract in accordance with the termination rules set out herein. The Supplier reserves the right not to change the price of services ordered before the price change. Charges marked with "SPECIAL OFFER" or any other indication of a discount offered by the Service Provider are a one-off discount, and accordingly, the normal charges, not reduced by the discount, will apply from the period following the discount period. The Service Provider shall decide unilaterally on the duration of the discounts, the conditions for taking advantage of the discounts and the extent of the discounts and the withdrawal thereof. The Service Provider may charge a separate fee for the use of features that are not part of the Service. The Service Provider shall inform the Customer about the fees for individual services and improvements and the conditions of their use in an individual quotation. The quotation shall be valid for 3 months unless otherwise specified. The Customer may order the individual services and improvements from his contact e-mail address on the basis of the quotation, which the Service Provider shall provide in accordance with the terms and conditions set out in the quotation. The Service Provider shall issue an invoice or a request for payment for the use of the individual services and improvements in accordance with the individual quotation, which shall be paid by the Customer within 14 calendar days.
5.2. Billing
In case of ordering new services, the Service Provider will prepare an electronic fee request within 5 working days, which will be sent to the Customer's contact email address. At least 7 calendar days before the start of each subscription period, the Service Provider shall send a forecast of the fees to be paid, billing and postage details to the Customer's contact e-mail address (hereinafter referred to as "information e-mail"). The Customer may make comments, objections or changes to the information in the forecast within 7 days. After the expiry of the 7 calendar day period for the information e-mail, but at least 21 calendar days before the turnaround date of the service, the Service Provider shall issue a fee request, which shall be forwarded to the Customer by e-mail. The Customer may also consult the tariff claim form on the Service Provider's website after proper identification. In the case of mediated services, the Service Provider may prepare the tariff statement up to 49 calendar days before the turnaround date. The deadline for payment of the fee claim is 14 calendar days. The Customer may pay the fee by bank transfer or by credit card on the Service Provider's website. If the Customer pays the fee by any other means, the Service Provider shall be entitled to charge the Customer for the costs incurred in connection with the payment. Within 5 working days of receipt of the full amount of the fee, the Service Provider shall issue an invoice. The Customer declares that he accepts electronic invoices. If the Customer requests a paper invoice and its mailing, the Service Provider will mail it to the mailing address provided by the Customer. The Service Provider shall be entitled to charge an extra fee for the postage, which fee shall be based on the fees of the postal service provider used and the administration fee charged by the Service Provider.
5.3. Recurring credit card payment declaration
Recurring payment by credit card ("Recurring Payment") is a feature of Stripe's credit card acceptance service, which means that the credit card details provided by the Customer during the registration transaction can be used to make future payments without having to re-enter the credit card details.
For Recurring Payments, by accepting this statement, you agree that subsequent payments initiated in this webshop (https://app.droposal.com/) after a successful registration transaction will be initiated by the Service Provider without the need to re-enter your credit card details and without your consent per transaction.
Please note(!): bank card data is processed in accordance with the card company's rules. Neither the Service Provider nor Stripe has access to the credit card data.
The Merchant is directly liable for repeated payment transactions initiated by the Service Provider in error or illegally, and any claims against the Service Provider's payment service provider (Stripe) are excluded.
I have read this information and I acknowledge and accept its contents.
6. Assumption of responsibility, rights, obligations
6.1. Assumption of liability
A. The Client may use the services solely at his/her own risk and responsibility and accepts that the Service Provider excludes, to the fullest extent permitted by law, its liability for material and non-material damages arising from the use of the services, i.e. This limitation of liability does not apply to liability for intentional breach of contract or for damage to human life, limb or health. In particular, the Service Provider excludes liability to the fullest extent permitted by law for indirect or consequential damages, in particular loss of profit, loss of revenue, business interruption, loss of data, loss of goodwill.
B. The Customer shall ensure that the rights of third parties and the applicable laws are not directly or indirectly infringed by the Customer's activities in connection with the Services. The Customer shall be fully and exclusively responsible for its own conduct, and the Service Provider shall cooperate fully with the competent authorities in such cases in order to detect any infringements.
C. The pages of the service may contain links to other service providers' pages. The Service Provider is not responsible for the privacy practices or other activities of such third party service providers.
D. Due to the global nature of the Internet and the availability of the services provided on it, the Customer accepts that when using the services, he/she is obliged to act in compliance with the provisions of the applicable legislation, in particular to ensure that his/her activities carried out through the services comply with the rules on consumer protection. If any activity relating to the use of the Services is not permitted under the law of the Customer's country, the Customer shall be solely responsible for its use.
E. The Client acknowledges and accepts that the Service Provider will endeavour to maintain the legal compliance of the legal documents provided by the Service Provider for the Services (in particular the model general terms and conditions and the data management information provided for the SHOP service), but does not assume any warranty for this. It is the responsibility of the Customer to ensure the legal compliance of its own activities at all times.
F. Except for the warranties expressly made by the Service Provider herein, the Service Provider shall not be liable for the quality of the services, the cooperation with other services, or the suitability of the services for the Customer's business or other purposes.
G. The Customer acknowledges that the services offered by the Service Provider and their functionality are chosen by the Customer at its own discretion and at its own risk in order to achieve its business objectives.
H. The Service Provider is solely responsible for compliance with the applicable law applicable to the services provided under the contract and its own activities.
6.2. Rights and obligations of the Service Provider
A. The Service Provider is entitled to display its own logo, which the Customer may request to be removed for an additional fee.
B. The Service Provider is entitled to charge an additional service fee, and in the last resort to limit or block services, if the Customer uses more resources than the average or if the load caused endangers the continuous provision of services. At the latest at the same time as the limitation or disconnection, the Service Provider shall send the Customer an e-mail with a deadline of 7 calendar days to ensure that the abnormal use is terminated or to contact the Service Provider with a view to making an offer and concluding a contract for the abnormal use.
C. The Service Provider shall endeavour to back up the files, data and settings stored on its servers at regular intervals and to do everything it can to protect the Customer's data. At the same time, the Customer acknowledges that in the event of loss of data for any reason, the Service Provider does not guarantee the complete and up-to-date restoration or recoverability of the data. In the event of loss of data due to the Customer's fault, the Service Provider may (where possible) ensure the recovery of the data for an additional fee, the options and rates of which shall be determined individually in each case.
D. The Service Provider may unilaterally expand, reduce, reorganize the functions of the Services, change the appearance of the interfaces, introduce or discontinue certain services or functions at any time without prior notice. The Service Provider will endeavour (but does not guarantee) to inform Customers of any such changes on its website with at least 7 calendar days' notice.
E. For maintenance and customer service purposes, the Service Provider is entitled to log into the administration interface of the services used by the Customer, to modify settings, to perform test processes and to place measurement codes on the website to facilitate optimisation and troubleshooting.
F. In the course of providing the service, the Service Provider, as a data processor, has access to and can access the data processed by the Customer and the content placed by the Customer. The Service Provider processes this data solely for the purpose of providing the Service, does not use it for its own purposes and does not disclose it to third parties.
6.3. Customer's rights, obligations
A. The Customer is free to use the Services 24 hours a day, 7 days a week, for the benefit of his or her business entity or the business entity he or she represents. The Customer shall comply with all laws and regulations relating to its activities. The Service Provider will endeavour to provide the appropriate functionality to this end, however, it does not guarantee compliance with the law, and it is the responsibility and liability of the Customer to determine whether the Service as offered complies with the applicable law, and the Service Provider will not be liable to any public authority, the Customer or third parties for this.
B. The Customer shall be solely responsible for all content, data, information and activities of the Customer and the legality thereof.
C. The technology and purpose of the Services is to provide the Customer with technical assistance and functionality to establish a relationship or other legal relationship, such as a contractual relationship or a bidding relationship, between the Customer and the Customer's partners or customers. As between the parties, the Service Provider shall only act as a technical service provider and information storage, transmission and statistics provider as a performance assistant to the Customer, and therefore the Customer shall be solely responsible to third parties in relation to its relationship with the Customer for the use of the Services and for the statements and content communicated to third parties. It is prohibited to make any communication or representation that the Service Provider is in any way responsible for any activity carried out by the Customer. The settlement of any disputes relating to the activity shall be carried out solely and exclusively between the Client and the Client's partners, clients or customers, or between the Client and the relevant authorities, and the Service Provider shall only become involved in such disputes on the basis of final decisions of the authorities or on the basis of a legal provision.
D. The Customer may not transfer the order, the contract concluded or the services used under the contract to a third party, nor assign it for use, nor provide it free of charge or for consideration without the express permission of the Service Provider.
E. The Customer is obliged to report to the service provider any errors detected in the services without delay.
F. The Customer is obliged to notify any changes in his/her data that were recorded at the time of the conclusion of the contract, in particular the contact e-mail address. The Service Provider shall not be held liable for any damage resulting from failure to do so.
G. The number of users is managed by the contract package selected by the Customer. The Customer is obliged to choose a secure password of sufficient complexity to use the Services (using upper and lower case letters, numbers and other characters simultaneously) and to keep the usernames and passwords required for using the Services confidential. The Customer shall be solely liable for any damage resulting from unauthorised access or from the activities of additional users created by the Customer. The Customer shall notify the Service Provider immediately if his access (authentication) data have been disclosed to an unauthorised person, so that the Service Provider can take the necessary measures. It is the Customer's duty and responsibility to change the authentication data (e.g. password) that has fallen into the unauthorised hands in the administration interface. The Service Provider shall not be liable for any damage resulting from failure to do so.
H. The Customer may only use certain features of the Service (e.g.: credit card payment) by entering into a contract with a third party.
I. The Service Provider does not set a numerical limit for the use of the functions indicated as limits in the descriptions of the services provided by the Service Provider.
7. Technical conditions, availability
7.1. Technical background provided by the Service Provider
The Service Provider provides the services on servers provided by the Service Provider. It is not possible to operate the services on a server background not provided by the Service Provider. The Service Provider shall provide the services with 99% availability per year. As part of this availability, the Service Provider guarantees the availability of the hardware and software that supports the Services. For the purpose of calculating availability, the duration of the period of announced maintenance and the duration of the inadequate functioning of certain sub-functions shall not be counted as downtime. The Service Provider shall make every effort to ensure that the Services are available at all times, but shall not be liable for any failure beyond its control (including, but not limited to, any loss of information due to the operation of the Internet network, overloading, malfunction caused by third parties, or mismanagement). If the Service Provider fails to meet the availability level agreed, it shall credit the Customer with a qualitative reduction of twice the amount of one hour for each additional hour of unavailability for the duration of the period of unavailability, as a reduction of the quality charge for the Customer, equal to the amount of one hour of the monthly fee payable by the Customer for the service. The Customer shall not be entitled to claim any further compensation or reimbursement of costs in excess of the amount of the Quality Charge reduction set out herein. The Service Provider may move the Customer's services between servers, depending on their utilisation. The Service Provider reserves the right to change the technical parameters and bandwidth of the server. The Service Provider may make such changes without prior notice to the Customer, and any resulting downtime will reduce the uptime. The Service Provider shall not be liable for the operability, interoperability and/or future integrability of third party applications and services that may interact and/or integrate with the Services. The availability of the Services shall not be reduced by any downtime caused by third-party applications and services, even if such applications and services are provided or offered to the Customer by the Service Provider.
7.2 Technical conditions to be provided by the Customer
To use the Service Provider's services, the Customer must have an appropriate hardware and software environment. These are. If the Customer does not use one of the browsers indicated above, the Service Provider is not obliged to correct any errors detected, the Service Provider is not liable for any damages, and the recommended solution is to update the browser.
8. Data processing activities
8.1 General Provisions
Pursuant to Article 28 of the General Data Protection Regulation of the European Union (Regulation (EU) 2016/679 of the European Parliament and of the Council - hereinafter referred to as "GDPR"), the Client as data controller and the Service Provider as data processor hereby set out the provisions on the relationship as data processor. The Customer is considered a data controller with respect to the online service provision by the Customer, while the Service Provider is considered a data processor with respect to the Customer's partners and customers by providing services to the Customer, with respect to the personal data provided by the Customer through the Service Provider's services. The Service Provider undertakes to perform the data processing tasks required by the GDPR as part of its service and to comply with the obligations applicable to a data processor. The Service Provider is responsible for its own data processing activities and those of any sub-processors it uses. The Service Provider may appoint a data processing officer, whose identity it shall specify in its current Data Processing Notice.
8.2. Scope of data processed, purpose and duration of processing
The Service Provider performs data processing activities with respect to visitor, customer and other user data collected within the framework of the Services. The scope of the data is specified by the Customer in the Service administration settings. The scope of the data and the purpose of the processing are published in the Customer's own Data Processing Notice.
8.3. Participation in the exercise of the rights of the person concerned
The Service Provider is obliged to ensure the exercise of the data subject's rights in accordance with the applicable data protection rules (e.g. restriction, rectification, access, erasure, data portability, etc.) with regard to personal data without any additional charge to the Customer and is obliged to provide the Customer with appropriate organisational and technical measures to assist in responding to requests related to the exercise of the data subject's rights. If the Customer requests in writing the rectification, erasure, destruction, restriction of processing or portability of the data, the Service Provider shall carry out the same.
8.4. Customer's right to instruct
The Service Provider acknowledges and expressly accepts that it is entitled to perform its data management and data processing activities under this Agreement only and exclusively on the basis of the instructions of the Customer and this Agreement. The Service Provider shall not be entitled to dispose of the data concerned by the processing independently and at its own discretion, nor shall it be entitled to change, combine, use or in any way process the data without the Client's instructions. Pursuant to Clause 14 of these GTC, the Service Provider shall be entitled to archive and delete the data concerned by the processing.
8.5. Rights and obligations of the Service Provider
A. The Service Provider shall assist the Customer, as the data controller, in the event of a data breach in fulfilling its obligations as data controller in relation to the handling of the breach. The Service Provider shall notify the Customer of a data protection incident that has occurred at its premises without undue delay, but no later than 48 hours after becoming aware of the data protection incident, and shall at the same time inform the Customer of the nature of the data protection incident, the categories and number of persons affected by the data protection incident, the categories and number of data concerned by the personal data breach, the likely consequences of the personal data breach, the measures taken or envisaged by the Service Provider to remedy the personal data breach, including measures taken to mitigate any adverse consequences of the personal data breach.
B. The Service Provider shall assist in any data protection impact assessment that the Customer may be required to carry out and in any consultation with the data protection supervisory authority and shall provide the necessary information on the Services.
C. The Service Provider undertakes to delete all personal data processed by it under this Agreement upon the termination of the provision of the data processing service under this Agreement or upon the termination of this Agreement. The Service Provider's obligation to delete data shall not apply to data whose storage is required by Hungarian or European Union law. The Service Provider may archive the data in accordance with clause 14.4 of these GTC in the legitimate interest of the Customer, but may not process them further.
D. The Service Provider undertakes to keep a record of all processing activities carried out under its responsibility pursuant to Article 30 of the GDPR, in full and complete compliance with the criteria set out in Article 30 (1) (a) to (g) of the GDPR. The Service Provider declares that it is aware that, under the applicable legislation, it is solely responsible for any omissions or failures to comply with its obligations to keep records.
E. The Customer grants the Service Provider a general authorisation to use a sub-processor. If the Service Provider uses sub-processors, it shall disclose them in its Privacy Policy. The Customer shall not be entitled to object to the sub-processor used. The Service Provider is obliged to conclude a data processing contract with the sub-processors used. The Service Provider shall be liable for the sub-processor used as if it were performing the sub-processing activities itself. The Service Provider shall be liable to the Customer for any breach of law, breach of contract and any default of the sub-processor. The Service Provider shall only be entitled to use a sub-processor that complies with the provisions of the GDPR and these GTCs applicable to data processors, in particular, but not limited to, data security requirements.
8.6. Confidentiality
The Service Provider undertakes to maintain the confidentiality of the personal data processed in the course of its data processing activities for its employees, agents, assistants and senior executives involved in the data processing activities.
8.7. Ensuring data security
The Service Provider undertakes to take into account the state of the art and the cost of implementation, as well as the nature, scope, context and purposes of the processing and the rights and freedoms of natural persons, and the freedoms and rights of natural persons, taking into account the risks of varying likelihood and severity of the risks, and to the extent possible to assist the Customer in fulfilling its obligations to the data subjects in relation to the exercise of their rights of self-determination. In particular, the Service Provider shall take appropriate measures to protect the data against unauthorised or unlawful access, alteration, disclosure, transmission, disclosure, loss, deletion or destruction, accidental destruction, alteration or damage and against inaccessibility resulting from changes in the technology used. The Service Provider shall process the data using a level of data security that complies with current industry best practice, the GDPR, applicable Hungarian law, this Agreement and any other data protection and data security legislation. In the event of loss of data due to the Service Provider's fault, the Service Provider shall restore the data free of charge. If the loss of data is due solely to the Customer's fault, the Service Provider may charge a fee for the recovery of the data.
9. Intellectual property rights
The graphic and content elements forming part of the public, promotional and administrative interface of the Service, as well as the source codes belonging to them, are the property of the Service Provider. Copying in whole or in part is only possible with the written permission of the Service Provider. All other protected intellectual property rights (in particular, patents, know-how or copyright) made available or transferred as part of the Service are the property of the Service Provider or its partners and the Customer acquires a non-exclusive right to use them for the duration of the Service Contract and in return for the Service Fees. The rights of use shall be limited to the use and exploitation of the service and shall not include the right to adapt, sub-license or distribute intellectual works. The Customer accepts that the Service Provider may use its name and logo as a reference on its own websites and may present the public interfaces of the services used by the Customer to other Customers as a sample. The Client may request the Service Provider to refrain from this activity. The Service Provider reserves all rights not expressly granted.
10. Vis maior
Force majeure means any extraordinary event occurring after the conclusion of the contract which makes performance of the contract impossible, which could not have been foreseen or avoided by the contracting parties and which is not attributable to the fault of either party. Such events may include, in particular: states of emergency, strikes, war, revolution, acts of terrorism, natural disasters, fires, floods, epidemics, quarantine restrictions, embargoes on transport, etc. In the event of force majeure, both parties shall be released from their obligation to perform the contract, and the period of availability undertaken by the Service Provider shall not be counted.
11. Customer service
The primary method of communication between the Service Provider and the Customer is by electronic mail between the Customer service email address published on the Service Provider's website and the Customer's contact email address, or by using the error reporting form available on the administration interface. The Service Provider also operates a telephone and online chat-based customer service, but other than the primary methods, the Service Provider is not obliged to receive enquiries from or provide information to the Customer for identification and security reasons. In the event of a fault report, the letter sent by the Customer (or the notification made through the fault reporting interface) must include all the circumstances and the date of detection of the fault. If the fault cannot be identified or reproduced from the notification, the Service Provider shall not treat the request as a fault report. The Service Provider shall register the notifications received from the Customer no later than the working day following the notification. After the filing, if the cause of the report is a fault in the service, the Service Provider shall respond within 4 hours in urgent cases that critically affect normal operations, and within 3 working days in other cases, and shall at the same time start to identify the fault and, if the fault is within the responsibility of the Service Provider, to correct it. The Service Provider shall provide information on the progress of the fault rectification and the successful rectification of the fault through the Customer Service Centre, if the Customer so requests. If the Customer has an overdue debt, the Service Provider shall be entitled to suspend the Customer's Customer Service. If the Customer reports an error caused by the Customer's own improper use of the services, the Service Provider may charge an additional fee for its rectification. If the Customer reports an alleged fault which does not exist, the Service Provider may charge an additional fee for its investigation.
12. Handling consumer complaints
The following provisions apply only to Customers who are consumers.
12.1. Place, time and method of complaint handling
The Customer may submit consumer complaints regarding the product or the Service Provider's activities to the Service Provider's contact details indicated in Section 2. The Service Provider shall, if it has the opportunity to do so, remedy the oral complaint immediately. If it is not possible to remedy the oral complaint immediately, due to the nature of the complaint or if the Customer does not agree with the handling of the complaint, the Service Provider shall keep a record of the complaint for five years, together with its reply to the complaint on the merits. In the case of an oral complaint made by telephone or other electronic communications service, the Service Provider shall send a copy of the record to the Customer at the latest at the same time as the substantive reply. In all other cases, the Service Provider shall proceed in accordance with the rules applicable to written complaints. The Service Provider shall reply to the complaint received in writing within 30 days. Action under this contract shall mean posting. If the complaint is rejected, the Service Provider shall inform the Customer of the reasons for the rejection.
12.2. Other enforcement options
If any consumer dispute between the Service Provider and the Customer is not resolved through negotiations with the Service Provider, what are the enforcement options available to the Customer:
A. Complain to the consumer protection authority,
B. The initiation of the conciliation procedure can be made at the following bodies: the Bács-Kiskun County Conciliation Board (Address: 6000 Kecskemét, Árpád krt. 4., Phone no.: (76) 501-525, (76) 501-500, Fax no.: (76) 501-538, E-mail address: bkmkik@mail.datanet.hu) Baranya County Board of Conciliation (Address: 7625 Pécs, Majorossy Imre u. 36., Phone no.: (72) 507-154, Fax no.: (72) 507-152, E-mail address: bekelteto@pbkik.hu) Békés County Board of Conciliation (Address: 5601 Békéscsaba, Penza ltp. 5., Telephone No.: (66) 324-976, 446-354, 451-775, Fax No.: (66) 324-976, E-mail address: bmkik@bmkik.hu) Borsod-Abaúj-Zemplén Megyei Békéltető Testület (Address: 3525 Miskolc, Szentpáli u. 1., Telephone number: (46) 501-091, 501-870, Fax number: (46) 501-099, E-mail address: kalna.zsuzsa@bokik.hu) Budapest Board of Conciliation (Address: 1016 Budapest, Krisztina krt. 99., Telephone number: (1) 488-2131, Fax number: (1) 488-2186, E-mail address: bekelteto.testulet@bkik.hu) Csongrád County Board of Conciliation (Address: 8000 Székesfehérvár, Hosszúsétatér 4-6., Telephone number: (22) 510-310, Fax number: (22) 510-312, E-mail address: fmkik@fmkik.hu) Győr-Moson-Sopron County Board of Conciliation (Address: 9021 Győr, Szent István út 10/a., (96) 520-202; 520-217, Fax number: (96) 520-218, E-mail address: bekeltetotestulet@gymskik.hu) Hajdú-Bihar County Conciliation Board (Address: 4025 Debrecen, Petőfi tér 10., Phone number: (52) 500-749, Fax number: (52) 500-720, E-mail address: info@hbkik.hu) Heves County Conciliation Board (Address: 3300 Eger, Faiskola út 15., Correspondence address: 3301 Eger, Pf. 440., Telephone number: (36) 416-660/105 extension, Fax number: (36) 323-615, E-mail address: tunde@hkik.hu) Jász-Nagykun-Szolnok County Conciliation Board (Address: 5000 Szolnok, Verseghy park 8., Telephone number: (56) 510-610, Fax number: (56) 370-005, E-mail address: kamara@jnszmkik.hu) Komárom-Esztergom County Conciliation Board (Address: 2800 Tatabánya, Fő tér 36., Telephone No.: (34) 513-010, Fax No.: (34) 316-259, E-mail address: kemkik@kemkik.hu) Nógrád County Board of Conciliation (Address: 3100 Salgótarján, Alkotmány út 9/a, Telephone No.: (32) 520-860, Fax No.: (32) 520-862, E-mail address: nkik@nkik.hu) Pest County Board of Conciliation (Address: 1119 Budapest, Etele út 59-61. 2. em. 240., Telephone number: (1)-269-0703, Fax number: (1)-269-0703, E-mail address: pmbekelteto@pmkik.hu) Somogy County Conciliation Board (Address: 7400 Kaposvár, Anna utca 6., Telephone number: (82) 501-000, Fax number: (82) 501-046, E-mail address: skik@skik.hu) Szabolcs-Szatmár-Bereg County Conciliation Board (Address: 4400 Nyíregyháza, Széchenyi u. 2., Phone No.: (42) 311-544, (42) 420-180, Fax No.: (42) 311- 750, E-mail: bekelteto@szabkam.hu) Tolna County Conciliation Board (Address: 7100 Szekszárd, Arany J. u. 23-25., Telephone No.: (74) 411-661, Fax No.: (74) 411-456, E-mail address: kamara@tmkik.hu) Vas Megyei Békéltető Testület (Address: 9700 Szombathely, Honvéd tér 2., Telephone No.: (94) 312-356, Fax No.: (94) 316-936, E-mail address: pergel.bea@vmkik.hu) Veszprém Megyei Békéltető Testület (Address: 8200 Veszprém, Radnóti tér 1., Telephone number: 88/429-008, or 88/814-111 (VKIK), Fax number: 88/412-150 (VKIK fax number), E-mail address: info@bekeltetesveszprem.hu) Zala County Conciliation Board (Address: 8900 Zalaegerszeg, Petőfi utca 24., Telephone number: (92) 550-513, Fax number: (92) 550-525, E-mail address: zmbekelteto@zmkik.hu)
C. Initiation of legal proceedings.
13. Partner programme
The Service Provider provides the opportunity for registered users to offer its services to third parties (hereinafter referred to as the "Partner Program"). Companies, sole proprietors and individuals (hereinafter referred to as the "Partner") may participate in the Partner Program. Unless otherwise expressly agreed in writing by the parties, participation in the Partner Program is always for an indefinite period of time. The Partner declares that it has a website capable of displaying advertisements or a clientele to whom it can offer its services. Clients referred by the Partner will be identified by the Service Provider through a hyperlink or by entering a referral code. Any other referral of Customers is outside the scope of the Affiliate Program and is not subject to the terms and conditions of the Affiliate Program. The Partner is not entitled to conclude a subscription contract with the referred Customer. The Partner shall be entitled to a fixed one-off commission on the net total amount of the invoices paid by the Referred Customer after the first order of the Referred Customer within a specified period. The initial commission is 10% and the initial commission period is 45 days. The Partner can find out the current commission rate and the current length of the commission payment period on the Partner Program's internal interface. The Parties agree that if the Referred Customer enters into a contract with the Service Provider after the Partner's participation in the Partner Programme, the (former) Partner shall not be entitled to a commission. The commission may be used to offset the fees for the Service Provider's services, i.e. it may be converted into a discount. In the case of individual Partners, this is the exclusive way of using the commission amount. In the case of a business organisation, sole proprietor (i.e. not an individual) Partner, the Service Provider will pay the commission amount within 14 days against invoice if the amount of the commission collected equals or exceeds the amount indicated on the internal interface of the Partner Programme. Considering that the commission is a one-off commission and is due to the Partner immediately after the conclusion of the contract with the Referred Customer, the parties declare that the provisions of the Civil Code (Ptk. Section 6:298 of the Civil Code shall not be due to the Partner in the event of termination of its participation in the Partner Programme. The Partner declares that it will not display referral advertisements on websites with illegal content, pornographic content, content that is offensive to public taste, offensive to public morals, offensive to certain ethnic, religious, national, political or other groups, offensive to the rights or legitimate interests of the Service Provider, technically malfunctioning or without content, or websites that are not functioning, contain viruses, spyware or other unsolicited software, or support illegal activities. The Partner declares that the referral code will only be distributed to prospective Clients in a way that is not illegal and does not harm the legitimate interests of the Service Provider. If the reason for exclusion occurs after the conclusion of the contractual relationship or if the Service Provider becomes aware of it, it shall be entitled to exclude the Referrer from the Affiliate Program with immediate effect after the reason has occurred or after becoming aware of it, and to forfeit the right to payment and use of the accrued commission. In order to enforce this right, the Partner is entitled to check and examine the Partner's website at any time.
14. Termination of contract, limitation of services
14.1. Termination by the Customer
If the Customer wishes to terminate the use of the service, he/she may terminate the service without giving any reason by the last day of the fee payment period. It is possible for the Customer to terminate the service with immediate effect without giving any specific reason. In the latter case, the remaining pro rata temporis fee will not be refunded and cannot be claimed by the Customer. If, through no fault of the Service Provider, the Service is not provided, the Service Provider shall act in accordance with the immediate termination. The Customer may exercise the right of extraordinary termination if the Service Provider increases the subscription fee in cases or for reasons other than the unilateral fee increases provided for herein, or unjustifiably restricts or cancels the service or reduces the functions of the services to the detriment of the Customer. In this case, the Customer may claim back the pro rata subscription fee already paid up to the turnaround date. The Customer may notify the termination to the Customer Service email address or to the administration interface provided by the Service Provider for this purpose.
14.2. Termination, restriction by the Service Provider
14.2.1. Limitation
In the event of a breach of contract by the Customer, the Service Provider is entitled to restrict the operation of any service used by the Customer by sending a prior notice to the Customer's contact email address. The notice shall state the reason for the restriction and the grace period which the Service Provider shall grant to the Customer to remedy the breach of contract. The Service Provider shall be entitled to apply a restriction instead of immediate termination on the basis of a unilateral decision. If the period of grace granted in the notice expires without result, the Service Provider shall be entitled to terminate the contract with immediate effect.
14.2.2. Immediate termination
In particular (but not exclusively), the Service Provider is entitled to terminate the services with immediate effect in the following cases, regardless of whether this is done with or without the Customer's knowledge:
A. for late payments exceeding 7 days.
B. The Customer displays, sells or sells or displays in the Service a product or service that is unlawful or infringes the rights of a third party by displaying or selling it.
C. The Customer displays in the service company data that is not real, is in liquidation or bankruptcy.
D. In the event of the initiation of criminal proceedings against the Customer or the existence of a mass complaint.
E. In case of display of violent, racist, incitement to hatred, offensive to public taste.
F. Displaying content that is misleading, manipulative, harmful or dangerous.
G. In the event of hacking of any of the services of the repository or their use for illegal activities.
H. In case of bulk spam (SPAM).
I. The content placed by the Customer on the Service Provider's servers, the activities carried out by the Customer or the activities indirectly caused by them, which may be experienced by other Internet users, endanger the operability and security of the Service Provider's servers and network, including in the case of services with higher than average load on the servers and network.
J. In case of any content or activity that damages the reputation of the Service Provider or the Service.
K. In case of any display or advertising of a competing product or service of the Service Provider or the Service.
L. for force majeure exceeding 60 days. If the Service Provider cancels the Customer's service for the above reasons, the Customer shall not be entitled to compensation or refund of the subscription fee, nor may the Service Provider claim the service and the stored data related to the service.
14.2.3. Normal termination
The Service Provider is entitled to terminate the contract with notice or refuse to provide the service, in particular (but not exclusively) in the following cases:
A. The provision of the service to the Customer causes economic disadvantage to the Service Provider or causes the Service Provider to cease providing the service to all or a specified group of its customers.
B. If the Customer's needs related to the Service that are not part of the Service cannot be met.
C. Incompatible positions between the Service Provider and the Customer on professional matters. The Service Provider will send the notice of restriction and termination to the Customer's contact e-mail address.
14.3. Withdrawal by the consumer (if the Customer is a consumer)
The consumer has the right to withdraw from the contract without giving any reason within fourteen days from the date of conclusion of the contract in the case of a contract for the provision of services (sale of services). However, the Consumer shall not have the right of withdrawal in the case of a contract for the provision of a service if the Service Provider has started performance with the Consumer's express prior consent before the expiry of the 14-day period of notice. If the Consumer does not consent to the Service Provider providing the Service to him before the expiry of the 14-day period, the Consumer shall have the right to terminate the contract. In this case, the Consumer must send a clear statement of his/her intention to terminate the contract (by post, fax or electronic mail) to the Service Provider using the contact details indicated in point 2 of these GTC. The consumer shall exercise his right of termination within the time limit if he sends his declaration to the Service Provider before the expiry of the time limit indicated above. The burden of proving that the Consumer has exercised his right of termination in accordance with the provisions set out in this point shall lie with the Consumer. In both cases, the Service Provider shall acknowledge receipt of the Consumer's notice of termination by e-mail without delay. In the case of notification by post, the date of posting shall be taken into account by the Service Provider for the calculation of the time limit, in the case of notification by e-mail or fax, the date of sending the e-mail or fax shall be taken into account by the Service Provider for the calculation of the time limit. The Consumer shall post his letter by registered mail so that the date of dispatch can be credibly proven. If the Consumer exercises his right of withdrawal, the Service Provider shall reimburse any consideration paid by the Consumer without delay, but no later than 14 days after receipt of the Consumer's notice of withdrawal. In making the refund, the Service Provider shall use the same method of payment as the one used for the original transaction, unless the Consumer expressly agrees to another method of payment; no additional costs shall be charged to the Consumer as a result of the use of this method of refund. If the Consumer has agreed that the Service Provider may start to provide the Service to him before the expiry of the 14-day period and still wishes to exercise his right of termination after the start of the service, the Consumer shall be liable to pay a pro rata fee for the use of the Service. This proportional fee shall be deducted from the fee paid by the Consumer to the Service Provider. In this case, the Service Provider shall only refund the amount reduced by the proportional fee to the Consumer within 14 days. The amount to be paid by the Consumer on a pro rata basis shall be calculated by the Service Provider on the basis of the total amount of the charge for the service in question plus tax in the GTC. However, if the Consumer proves that the total amount is excessive, the pro rata amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract. In determining the market value, the consideration for the same service provided by undertakings carrying out the same activity shall be taken into account at the time of conclusion of the contract.
14.4. Consequences of termination
In the event of termination or limitation of the contract, the services will immediately become unavailable. After termination, the Service Provider is entitled to delete the Customer's data, content and information of the service. The Customer shall be obliged to back up any data of importance to him prior to termination. The Service Provider shall not be liable for any failure to do so. In case of cancellation of services, the Service Provider may archive the content of the services. The Customer may request the cancellation of the services, but the Service Provider does not guarantee that this can be done and the Customer may not claim damages in this respect. The Service Provider is entitled to charge a fee for the cancellation or the release of data.
14.5. Amendment of the contract
The Service Provider reserves the right to unilaterally modify the GTC without retroactive effect, which will be communicated to the Customer via the contact email address provided by the Customer. The Service Provider also reserves the right to unilaterally modify the contract concluded on the basis of the order in the case of applicable fees or if it determines the modification of services, the extension or reduction of functions. If the modification concerns a matter or provision that the parties have not regulated in the GTC or have regulated differently, the Customer may, if he does not agree with the modification, terminate the contract with effect from the date on which the modification enters into force. Any fees already paid for the period after the date of entry into force of the amendment shall be refunded. The Service Provider shall notify the Customer of any amendment at least 30 days in advance by means of a message sent to the Customer's contact e-mail.
14.6. Change of Customer
The Customer may notify the Service Provider of a change to his/her contracting person via the administration interface or from his/her contact email address. The Service Provider will proceed according to the immediate termination in paragraph 14.1, and a new contract will be created for the new Customer according to paragraph 4.1. The Services and the data, settings and content recorded therein shall remain unchanged.
15. Other provisions
The parties are mutually obliged to inform each other of any circumstances arising after the conclusion of the contract which prevent the performance of the contract immediately after they become aware of them. The contracting parties agree to settle any disputes by direct negotiation and amicable settlement. Otherwise, (I) if the Customer is an enterprise within the meaning of the Civil Code, the parties submit to the exclusive jurisdiction of the court having jurisdiction over the place where the Service Provider is established in relation to any dispute arising between them, or (II) if the Customer is a consumer, the general rules of jurisdiction shall apply. In the event of any discrepancy or inconsistency between these Terms and Conditions and any specific service contract concluded separately (e.g. on the basis of an order) on a particular subject, the provisions of the specific service contracts shall prevail. In matters not covered by these GTC, the provisions of the Civil Code shall prevail.
Cd: Budapest, 01 March 2023.
