GENERAL TERMS AND CONDITIONS
1. Introductory provisions
The language of the contract is Hungarian. The contract is not a written contract, it is not registered by the Service Provider, so it is not accessible afterwards and cannot be accessed. The technical information necessary for the use of the services, not contained in this Terms and Conditions, is provided by the information available on the website. A "Consumer" is, in the aspect of the present Terms and Conditions and in the aspect of the contract based on that, a natural person acting outside of the scope of his profession, individual occupation or business, who purchases, orders, receives and uses services, and is the addressee of the business communication and offers regarding the services.
2. The Service Provider
Name of the Service Provider: Maxíz Ltd.
Seat: 8315 Gyenesdiás, Petőfi S.u.12.
Tax number: 12410671-2-20
Company registration number: 20-09-74897
Date of registration: 2010.01.26.
E- mail: email@example.com
3. The terms for the use of services, the subject of the contract
3.1. The terms for the use of services
The services may be used by a natural person who is 18 years of age or a legal person, a client who is an economic entity without legal personality. The Client using the services and concluding the regarding contract shall declare that he/she is legally competent, adult person in the aspect of the statutory provisions of the Hungarian legislation system, and in the name of the entity he/she represents is entitled to make the declarations required for the performance of the contract independently or possesses the proper authorizations to conclude the service contract.
3.2. The subject of the contract
The Service Provider publishes the exact contents of the individual services, the technical conditions and functions of their use on its website, and reserves the right to make changes. The individual types of services are the following:
3.2.1. Online HACCP logging: Within the scope of this service, the Client can conduct HACCP logging online.
3.2.2. Web storage service: The Client during the use of the online application may store photographs, archive logs (which we store for statutory time), databases and managing email addresses.
3.2.3. Application: A mobile application that allows the user to do digital HACCP logging without internet connection. With the use of the application, photographs, data, logs will synchronize with the subscriber data over the Internet connection.
4. Subscriber contract
4.1. The establishment of a subscriber contract
The Client's intention to conclude a subscription contract may be indicated by an order placed on the Service Provider's website, at which time the Client agrees the cookie handling policy in these Terms and Conditions, in the Privacy Statement. The order is delivered after registration. When starting an order, the system checks the completeness of the information provided at registration, which consists of: the Client's name, e-mail address, organization/company name and address, Client password, billing information. The registered e-mail address will be used for contact with the Service Provider (hereinafter referred to as "contact email address"). The sent order is considered to be a binding offer by the Client to use the service included in the order under the terms of the Terms and Conditions published in the General Terms and Conditions of the service.
After the electronic dispatch of the order, the Service Provider confirms the order without delay but within 48 hours at most, by an e-mail sent to the Client's contact email address. The confirmation email contains the registration and ordering details given by the Client, the order identifier, the date of the order, the ordered package, the service fee and the total amount to be paid. This confirmation email from the Service Provider is considered as acceptance of the order of the Client with which a subscriber contract is established between the Service Provider and the Client. An inseparable part of the subscription contract is the present Terms and Conditions, the Privacy Statement.
4.1.3. Correction, modification
If the Client has already sent the order to the Service Provider and notices an error in the details of the confirmation email, the Service Provider shall be informed about it within 1 day in order to avoid making any unwanted orders. The Client will be relieved of the bidding obligation if he does not receive the confirmation email from the Service Provider regarding the submitted order within 48 hours.
The user may choose the means with which he/she would like to use the online HACCP logging services of the Service Provider, by selecting Service Packages defined by the Service Provider and published on the Website.
The user can see the contents of each service package after clicking on the "Prices" item on the website and then clicking on the name of the service package he/she would like to use, or after logging in, by clicking the "Subscription" button. The User will be informed about the service package that he/she is currently using on the interface that appears after clicking on the "Subscription" button and clicking on the current subscription package he/she is able to change subscription package. Subsequently, a summary interface will appear where the User can verify the order information. The user can modify his/her individual order information by returning to each interface.
After checking the ordering information on the summary interface, the User can click on the "Start payment" button to order the service package that he/she chose, which is considered as a contract bid.
If the User chooses a credit card payment method and then clicks on the "Start payment" button, the User will be redirected to a secure credit card payment platform.
Our online payment service is performed through the SIMPLEPAY system operated by OTP Mobil Ltd. The service provider's Terms and Conditions can be accessed via the following link: http://simplepay.hu/online-fizetesi-szolgaltatas-kereskedoi-aszf/
4.1.5. Subscription contract
The order accepted (confirmed) within deadline is considered to be an electronic contract, which is governed by Act V of the Civil Code of 2013, the Electronic Commerce Services and CVIII law of 2001 on certain issues of information society services. If the Client is considered a consumer, the contract will be governed by the contract for 45/2014 (II.26.) on the detailed rules of contracts between the consumer and the business and takes into account the provisions of Directive 2011/83 / EU on consumer rights of the European Parliament and of the Council. The regulation of the right of consumers to withdraw from the contract is set out in section 13.3.
4.2. The effect and duration of the contract
The parties conclude the contract for an indefinite period of time. The start of the subscription period is the date of making the order and the selected service package becomes active from confirmation of the order regardless of financial performance. At the same time as the order is delivered, the service provider will make an electronic invoice to the Client and send it to the contact email address.
If, apart from choosing a bank transfer method, the service fee is not credited to Service Provider's bank account until the 9th day after ordering services, the Service Provider is entitled to refuse to provide the services ordered by the User until the amount is credited to the Service Provider's bank account.
4.3. Free trial, test period
The Service Provider can provide the Client with a 30 day free trial of services included in the online logging package. The Client may apply for a trial through the Service Provider's website, which will be subject to a fixed-term contract. The service provided within this contract is free of charge. The Provider provides information on the test option on its website. The trial is available once per Client and per service and may be extended on the Client's request by the Service Provider's sole discretion and unilateral decision, and the Service Provider may not be obliged to justify its refusal. During the test period, the Client may use all the features available in the Service, but the Service Provider is entitled to limit specific functions during the test period, or deactivate and refuse the use of the test period. During the test period, the Service Provider will not be liable for quality requirements (such as availability time), response times, warranties and related penalties regarding the service. During the test period, the service can be terminated at any time without justification. If the Client does not indicate that the service is to be used beyond the test period before the expiration of the test period, the subscription contract shall automatically be terminated when the test period expires. The data uploaded and stored in the system at the written request of the Service Provider or the Client or, if such request is not received from the Client, within 90 days of the termination of the Contract, the Service Provider will automatically delete the Client's previously recorded data.
In the case of an order, the contract will 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 Client's obligation to pay the fee) will be charged to the full (live) service terms. Unless otherwise stated in these Terms and Conditions, the parties will be liable for the rights and obligations contained in this General Terms and Conditions. The Client explicitly acknowledges that the test period may only be used for online HACCP logging; if there is a different intent (intellectual property copying, business espionage, etc.) the Service Provider cancels the services with immediate effect and may claim damages from the Client.
5. Service fee, billing
5.1. Service fee
The Service Provider provides the services on the basis of the applicable tariffs published on its website under the "PRICES" menu.
The Client is entitled to change the applied range of services and the payment cycle. In the event of an extension of the scope of services, the Service Provider shall charge a pro rata differentiation fee. In the event of a narrowing of the scope of services, the Service Provider will not refund the fee paid for the remaining time. The Service Provider may unilaterally modify the listed fees on each website and thus the fees agreed upon in the contract once a year, or in the event of a change in the content of the services or the content of the packages, with immediate but not retrospective effect. The Service Provider will notify the Client via the contact email at least 7 calendar days prior to the change taking effect. If the Client disagrees with the amendment, the contract may be terminated according to the termination notice specified here. The Service Provider reserves the right not to change the price of the ordered services before the price change.
Charges referring to the rebate granted by the "DISCOUNT" or granted by other Service Providers, include a one-time rebate, accordingly, the normal, non-reduced fares will apply for the following period after the period of the reduced prices. The Service Provider decides unilaterally about the duration of the discounts, the terms and conditions of the discounts, the extent and the withdrawal thereof.
The Service Provider reserves the right to set different service charges per country depending on the Client's seat.
The Service Provider may charge a fee for the use of functions that are not part of the service.
The Service Provider informs the Client of the individual services, developments fees and the conditions of their use in a unique quote. A unique quote is available for networks with at least 5 units.
When ordering new services, the Service Provider prepares an invoice or electronic payment request, depending on the payment method, which will be sent to Client's contact email within 5 business days. Prior to the start of each subscription period, the Service Provider shall send a prognosis at least 7 calendar days before the invoice or fee request made for the new period by e-mail, about the due date of the payment, to the Client's contact email address (hereafter referred to as "informative email"). Within 3 days, the Client may report his/her observations, objections, and data modification regarding the content of the prognosis. After the expiration of the 7 calendar day deadline for the informative e- mail, the Service Provider issues and sends an invoice or a fee request by e-mail to the Client. The Client may pay the fee by bank transfer or by credit card on the Service Provider's website. If the Client otherwise compensates for the fee, the Service Provider is entitled to transfer the payment related costs to the Client. Within 5 business days of the receipt of the full amount of the fee, the Service Provider shall prepare the invoice. The Client declares that he/she will accept an electronic invoice. If the Client requests a paper-based invoice and its posting, the Service Provider sends it to the Client's specified mailing address. The Service Provider is entitled to charge a fee for mailing, based on the fees of the postal service provider and the administration fee charged by the Service Provider.
6. Responsibility, Rights, Obligations
The Client may only use the Services at his/her own responsibility and risk and accept that the Service Provider shall be liable for the pecuniary and non-material damages incurred during the use of services only if there is a case of intended violation of contract, or violation of contract that damages the other party by endangering human life and physical health. It is exempted from liability if it proves that the violation of contract was caused by unforeseeable circumstances at the time of the conclusion of the contract and could not be expected to avoid the circumstance or to overcome the damage. During the term of the contract, the Service Provider takes full responsibility for the data it manages and for data security. If the data is damaged due to improper charging or non-charging, no administration fines can be diverted to the Service Provider under any circumstances.
If the contract is terminated, the Service Provider undertakes to store the Client's logs and the Client's personal settings and logbooks for 3 months after the termination. However, if after 3 months from the termination of the contract, the Client would renew the contract or request his/her earlier logs, the Service Provider will not be able to provide it, and the service provider will not be liable for the resulting damages.
6.2. Rights and obligations of the Service Provider
The Service Provider is obliged to make backups of files, data, and settings placed on its servers at least every 24 hours, and it is expected to use any means necessary to protect the Client's data. At the same time, the Client acknowledges that, for any loss of data, the Service Provider does not guarantee the complete and up-to-date restoration or restorationability of the data. In the event of data loss due to the Client's fault, the Service Provider (if possible) can recover the data for a surcharge, and for each case individually may determine the options and tariffs.
The Service Provider may unilaterally, without prior notice, extend, narrow down, redeploy the features of the services, modify the appearance of the interfaces, or introduce or discontinue certain services or features. The Service Provider aspires for (but does not warrant) that about any such modification on the Website will inform the Clients with at least 7 calendar days of preparation.
For maintenance and Client service purposes, the Service Provider is entitled to log on to the administrative interface of the services used by the Client, to modify the settings, to conduct test procedures, and to place measurement codes on the website that help optimization and troubleshoot.
When providing this service, the Service Provider, as a data processor, will have access to the Client-managed data and the content placed by the Client. The Service Provider processes this data solely for the purpose of providing the service and does not use it for its own purposes, and does not release it to a third party.
During the execution, the Service Provider may have a subcontractor, in which case the Service Provider assumes the responsibility of the subcontractor as if the work in its entirety would have been done by the Service Provider. A list of subcontractors who have access to Client data can be found in the Data Management Statement.
6.3. Client rights and obligations
The Client may freely use the services 24/7, in his/her interest or in the interests of the business organization represented by him/her. The Client is obliged to comply with all the laws relating to his activity. The Service Provider aspires to provide the appropriate functions, but does not guarantee compliance with the law, and the Client is responsible and liable to judge whether the service in question meets the applicable legal requirements, therefore the Service Provider is not entitled to any authority, client or third party.
The Client is solely responsible for all content, data, information, and activity performed by the Client and its legality. The Client may not transfer the order, contract, or service contracted to a third party, transfer it for use, neither for free of charge, nor for any services, without the express permission of the Service Provider.
The Client is obliged to notify the Service Provider about any errors detected in the services immediately. The Client is obliged to report any change in his/her data that has been recorded at the time of contracting, especially regarding the contact email address. The Service Provider assumes no liability for damages resulting from failure to do so. The Client is entitled to create additional users to access the services. The Client is required to choose a secure password with sufficient complexity (use of capital letters, numbers and other characters) and to keep the used account names and passwords secure. The Client is solely responsible for damages resulting from unauthorized access or any additional damages caused by user activity. The Client shall promptly notify the Service Provider if its access (authentication) data has been learnt by unauthorized person, so that the Service Provider will be able to take the necessary measures. It is the Client's task and responsibility to modify the authentication data (such as password) learnt by unauthorized person, on the administrative interface. The Service Provider shall not be liable for damages resulting from the failure to do so.
7. Technical conditions, availability
7.1. Technical background provided by the Service Provider
The Service Provider provides services on the servers provided by itself or by its subcontractor. Services may not be operated on a server from the background provided by other than the Provider.
The Service Provider provides the services with an annual 99.8% availability. In the context of availability, the Service Provider guarantees the access to the hardware and software that provide the services. When calculating availability, the duration of the pre-announced maintenance and the duration of the incorrect operation of each subfunctions will not be considered as outage. The Service Provider must make every effort to ensure that the services are always accessible, but no liability is taken for any defects (including, but not limited to, possible loss of information, overload, third party failure or disoperation due to incorrect operation of the Internet network) beyond the Provider's control.
If the Service Provider fails to meet the level of availability, for each additional lost hours, two hours shall be credited regarding the fee of a month. In addition to the amount of the premium reduction specified herein, the Client may not claim any additional compensation or reimbursement claim.
The Service Provider may relocate Client services, depending on their utilization, between the providing servers. The Service Provider reserves the right to change the technical parameters and bandwidth of providing servers. The Service Provider may make such changes without prior notice to the Client, and the consequential downtimes reduce the availability time.
The Service Provider shall not be responsible for the functionality, interoperability and/or future integration of third party applications and services that cooperate with and/or integrate with the services. The availability time of the services shall not be reduced by the loss of external applications and services by third parties, even if the particular application or service is provided or recommended to the Client by the Service Provider.
7.2. Technical conditions to be provided by the Client
In order to use the Service Provider's services, the Client must possess the appropriate hardware and software environment. It is as follows: A. Broadband Internet Connection B. Computer capable of running Internet Browser (Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari, Microsoft Edge Browser Latest or Previous Version), the Service Provider informs the Client about the possible exceptions. C. If Client does not use one of the browsers listed above, the Service Provider will not be obliged to repair any errors that may be detected, the Service Provider assumes no liability for any damages, the update of the browser might be a solution for the problem.
8. Intellectual Property Rights
The graphic and content elements that constitute the public, promotional and administrative interface are part of the service and the associated source codes are the property of the Service Provider. Copying in whole or in part can only be done with the written permission of the Service Provider. All other protected redundant intellectual property (or, in particular, a patent, know- how or copyright work) provided as part of a service is the property of the Service Provider or its partners, and the Client acquires a non-exclusive right of use for the duration of the service contract, for a fee of the services. Use rights only apply to the use and utilization of the service but do not include the right to revise, sublicense or distribution of intellectual creations. The Client accepts that the Service Provider may use its name and logo on its own websites as a reference and may, as a template, present the public interfaces of the services used by Client to other Clients. The Client may request the Service Provider to refrain from doing so. The Service Provider maintains all non-express rights.
9. Force majeure
Force majeure shall be deemed to be any extraordinary event after the conclusion of a contract which makes it impossible to complete, which could not be foreseen by the parties, cannot be dismissed and which cannot be attributed to any of the parties' perjury. Such events may include: emergency, strike, war, revolution, terrorist acts, natural disasters, fires, floods, epidemics, quarantine restrictions, shipping embargo etc... In the event of force majeure, both parties are exempt from the obligation to perform the contract, this time does not count towards the availability of the Provider.
10. Customer Service
The primary means of communication between the Service Provider and Client is e-mail correspondence between the contact email address of the Service Provider published on its website and the Client's Contact Email address.
The Service Provider registers notifications received from the Client no later than the business day following the announcement. After the filing - if the reason for the notification is a fault in the service - the Service Provider responds to urgent issues that affect the normal operation (eg, impeding logging) within 8 hours, and in other cases within 3 business days and simultaneously begins the delimitation of the error and if the correction of the fault is the responsibility of the Service Provider, then corrects the error. The Service Provider provides information on the troubleshooting procedure and successful correction information through the Client service, if requested by the Client. If the Client has an expired Debt, the Service Provider is entitled to suspend the Client service provided to Client. If the Client notices about a defect that he/she has caused by the improper use of the Services, the Service Provider may charge an additional charge for its elimination. If the Client reports a suspected failure that does not exist, the Service Provider may charge an extra charge for its investigation.
11. Handling consumer complaints
11.1. Place, time and method of complaint administration
The Service Provider will have to rectify the oral complaint as soon as possible. If there is no immediate remedy for the oral complaint, due to the nature of the complaint or if the Client disagrees with the handling of the complaint, the Service Provider shall draw up a minutes report, which will be retained for five years along with its substantive response to the complaint. In the case of an oral complaint with the use of telephone or other electronic communications services, the Service Provider shall send a copy of the minute at the latest together with the substantive reply. In all other cases, the Service Provider proceeds in accordance with the written complaint rules. The Service Provider responds substantively to the received complaint in writing within 30 days. The measure under this contract means postal delivery. If the complaint is rejected, the Service Provider informs the Client about the reason of the rejection.
11.2. Other enforcement options
11.2.1. Complaint with Customer Protection Authority
11.2.2. The initiation of a conciliation body's proceeding can be made by the following bodies:
Bács- Kiskun County Conciliation Body (Address: 6000 Kecskemét, Árpád krt. 4., Telephone: (76) 501-525, (76) 501-500, Fax: (76) 501-538, Email: firstname.lastname@example.org)
Baranya County Conciliation Body (Address: 7625 Pécs, Majorossy Imre u. 36., Telephone: (72) 507-154, Fax: (72) 507-152, Email: email@example.com)
Békés County Conciliation Body (Address: 5601 Békéscsaba, Penza ltp. 5., Telephone: (66) 324-976, 446-354, 451-775, Fax: (66) 324-976, Email: firstname.lastname@example.org)
Borsod- Abaúj- Zemplén County Conciliation Body (Address: 3525 Miskolc, Szentpáli u. 1., Telephone: (46) 501-091, 501-870, Fax: (46) 501-099, Email: email@example.com)
Budapest Conciliation Body (Address: 1016 Budapest, Krisztina krt. 99., Telephone: (1) 488-2131, Fax: (1) 488- 2186, Email: firstname.lastname@example.org)
Csongrád County Conciliation Body (Address: 8000 Székesfehérvár, Hosszúsétatér 4-6., Telephone: (22) 510- 310, Fax: (22) 510-312, Email: email@example.com)
Győr- Moson- Sopron County Conciliation Body (Address: 9021 Győr, Szent István út 10/ a., Telephone: (96) 520-202; 520-217, Fax: (96) 520-218, Email: firstname.lastname@example.org)
Hajdú- Bihar County Conciliation Body (Address: 4025 Debrecen, Petőfi tér 10., Telephone: (52) 500-749, Fax: (52) 500-720, Email: email@example.com)
Heves County Conciliation Body (Address: 3300 Eger, Faiskola út 15., Mailing address: 3301 Eger, Pf. 440., Telephone: (36) 416-660/105 extension, Fax: (36) 323-615, Email: firstname.lastname@example.org)
Jász- Nagykun- Szolnok County Conciliation Body (Address: 5000 Szolnok, Verseghy park 8., Telephone: (56) 510-610, Fax: (56) 370-005, Email: email@example.com)
Komárom- Esztergom County Conciliation Body (Address: 2800 Tatabánya, Fő tér 36., Telephone: (34) 513- 010, Fax: (34) 316-259, Email: firstname.lastname@example.org)
Nógrád County Conciliation Body (Address: 3100 Salgótarján, Alkotmány út 9/ a, Telephone: (32) 520-860, Fax: (32) 520-862, Email: email@example.com)
Pest County Conciliation Body (Address: 1119 Budapest, Etele út 59-61. 2. em. 240., Telephone: (1)-269-0703, Fax: (1)-269-0703, Email: firstname.lastname@example.org)
Somogy County Conciliation Body (Address: 7400 Kaposvár, Anna utca 6., Telephone: (82) 501-000, Fax: (82) 501-046, E- mail: email@example.com)
Szabolcs- Szatmár- Bereg County Conciliation Body (Address: 4400 Nyíregyháza, Széchenyi u. 2., Telephone: (42) 311-544, (42) 420-180, Fax: (42) 311-750, Email: firstname.lastname@example.org)
Tolna County Conciliation Body (Address: 7100 Szekszárd, Arany J. u. 23-25., Telephone: (74) 411-661, Fax: (74) 411-456, Email: email@example.com)
Vas County Conciliation Body (Address: 9700 Szombathely, Honvéd tér 2., Telephone: (94) 312-356, Fax: (94) 316-936, Email: firstname.lastname@example.org)
Veszprém County Conciliation Body (Address: 8200 Veszprém, Radnóti tér 1., Telephone: 88/429-008, or 88/814-111 (VKIK), Fax: 88/412-150 (VKIK fax), Email: email@example.com)
Zala County Conciliation Body (Address: 8900 Zalaegerszeg, Petőfi utca 24., Telephone: (92) 550-513, Fax: (92) 550-525, Email: firstname.lastname@example.org)
11.2.3. Initiating court proceedings.
12. Affiliate Program - Recommendation Cards
The Service Provider may offer the chance for registered users to offer their services to third parties (hereinafter referred to as "Affiliate Program"). In partnerships companies, any individual entrepreneurs may take part (hereinafter referred to as "Partner"). Unless otherwise expressly provided by the parties in writing, the participation in the Partner Program is in any case for an indefinite period of time. For the operation of the recommendation card system, the Service Provider provides the Client with a recommendation card which can be accessed from the "My References" menu item. The recommendation cards are pre-written marketing letters that contain brief information about eHACCP.
The Partner declares that he submits the recommendation card to such Client only who may be interested in using the service. Interested person is any individual or corporate entrepreneur who have a HACCP log management obligation when performing their business. Partner-mediated recommendations are identified through the Service Provider via a hyperlink or by providing a referral code. Client transfers performed otherwise are outside the scope of the Partner Program and are not subject to the terms of the Partner Program. The Partner is not entitled to conclude a Subscriber Contract with the Mediated Client.
After the client registered with the referral card, the Partner credit is entitled to be credited, for more details see our website. It is not a prerequisite for the credit to be credited to be related to a purchase with the suggested customer, but the registration of the suggested customer is a prerequisite.
The credit balance resulting from the offerings and successful registrations will be automatically credited to the balance during the subscriptions.
The Partner can find information about the amount of the credit or the actual length of the credit period on the inner interface of the My Recommendation Cards tab.
The credit can only be converted into a discount. The only way to use it is to pay for monthly subscription fee. The Partner declares that the recommendation card is provided to prospective Clients only in a manner that is not illegal and does not violate the legitimate interests of the Service Provider. If exclusionary cause occurs or the Service Provider becomes aware of it after the existence of a contractual relationship, then it is entitled to immediately exclude the Client from the Partner Program, after the cause or after obtaining the information, and is entitled to withdrew the use of accumulated credit.
13. Termination of contract, restriction of services
13.1. Client termination
If the Client intends to terminate the use of the service, he/she may terminate contract without justification on the last day of the payment period.
It is possible for the Client to terminate the service with immediate effect without specific justification. In the latter case, the remaining time-based fee will not be refunded, the Client cannot claim it. The Client may be subject to an extraordinary termination if the Service Provider increases the subscription fee in other cases than the above-mentioned one-sided cases, or restricts the service unauthorized, or deletes or reduces the functionality of the Services to the Client. In this case, the Client may reclaim the subscription fee that has already been paid up to the payment date. Cancellation may be made by the Client at the customer service email address or the administrative interface provided by the Service Provider for this purpose.
13.2. Termination, restriction by the service provider
The Service Provider is entitled to limit the operation of any the Client's services in the event of a violation of the contract by simultaneously sending a related notice to the Client's contact email address. The notice shall specify the reason for the restriction and the period of grace that the Service Provider makes available to the Customer to remedy the violation of contract. Instead of immediate termination, the Service Provider is entitled to make a one-sided decision. If the grace period specified in the notice fails, the Service Provider is entitled to terminate the contract with immediate effect.
13.2.2. Immediate termination
In particular (but non-exclusively), the Service Provider is entitled to terminate the Services with immediate effect, in the following cases, irrespective of whether or not Client is aware of or knows the followings: In case of late payment in excess of 9 days.
The Client displays inaccurate business information in the service, is under liquidation or bankrupt. If the Service Provider terminates Customer's service for the above reasons, the Customer is not entitled for compensation, refund of subscription fee, cannot claim the stored data related to the service from the Service Provider.
13.2.3. Regular termination
The Service Provider is entitled to terminate the contract by record day or refuse to provide the service in particular, but not limited to, the following:
The service provided to the Client causes the Service Provider an economic disadvantage or the Service Provider terminates the provision of services for all customers or for a specified group.
If the Client's needs unrelated to the service cannot be satisfied.
The incompatible position between the Service Provider and the Customer in professional matters.
The Service Provider shall send the notice of restriction and termination to the Client's contact e-mail address.
13.4. Consequences of termination
When the contract is terminated or restricted, the services become immediately unavailable. After the termination, the Service Provider is entitled to delete the Client's data, the content of the service and its information. The Client is obliged to save all important data before the termination. The Service Provider assumes no liability for failure to do so. When deleting a service, the Service Provider may archive the content of the services. The Client may request cancellation of the termination of services, but the Service Provider does not warrant relating that and the Client will not be entitled to make related claims. The Service Provider is entitled to charge a fee for the revocation or release of data.
14. Modification of contract
The Service Provider reserves the right to the one-sided, non-retrospective modification of the General Terms and Conditions about which the Client shall be informed via the given contact e-mail address (hereinafter referred to as the contact email address). The Service Provider reserves the right to unilaterally modify the contract based on the order in regard of applicable fees determining the modification of services, the extension or reduction of functions. If the amendment concerns an issue or provision that is not regulated by the parties in the Terms and Conditions or otherwise, the Client may terminate the contract on the date of entry into force of the amendment if the Client does not agree with the amendment. The fees already paid for the period following the date of entry into force of the amendment are reclaimable. The Service Provider shall notify Clients of the changes regarding the contact via email at least 30 days in advance.
About every circumstances occurring after the conclusion of the contract, which is interfering with the performance of the contract, the parties are to inform each other about the circumstances. The Contracting Parties agree to settle any dispute through a direct negotiation in a peaceful manner.
In other cases (i) if the Client is considered as a company according to the Civil Code, the parties will be subject to the exclusive jurisdiction of a court having jurisdiction over the seat of the Service Provider, or (ii) if the Client is considered as a consumer the general rules of jurisdiction apply. If there is a discrepancy or contradiction between these contractual terms and a specific individually made service contract (eg regarding an order), the details of the particular service agreement shall apply. Regarding the issues not regulated in the present Terms and Conditions, the provisions of the Civil Code shall prevail.
Date: Gyenesdiás, 2016. 8.1.
Date of entry into force 2016.09.01.