Terms and conditions
These Terms and Conditions of Use (“Terms and Conditions”) lay down the framework of the terms and conditions that apply to the use of the Services provided by Service Provider referenced herein, which, by itself (without an order), will not establish a contractual agreement between Service Provider and User.
If you would like to order our Services, please, read carefully the Terms and Conditions and the referenced documents and only use our Services when you agree with the points stipulated therein and accept to be bound by them.
The following documents form an integral part of the Terms and Conditions (and therefore of the Agreement to be concluded between the Parties):
Support services (https://convkit.com/en/how_it_works)
Fees, plans, description of Services, (https://convkit.com/en/pricing)
Data Processing Notice
Furthermore, any other documents and information, notices or statements made by Service Provider included on the Website form an integral part of the Agreement between the Parties that Service Provider makes available to User on the Website in due time (at the latest prior to the order being finalized by User).
User acknowledges that Service Provider provides the Services specified herein only to businesses that do not qualify as “consumer” under Act CLV of 1997 on Consumer Protection, i.e. User states that it uses the Services for purposes falling in the scope of its professional, business or economic activities. Service Provider shall not enter into Agreements with persons qualifying as consumers.
By accepting the Terms and Conditions and when making representations in relation to it, the natural person making the representations hereby declares and warrants that it is a person of legal age and of full legal capacity and is fully authorized to represent the enterprise or has adequate authorization to conclude a particular transaction or make representations that are binding for the enterprise.
The Terms and Conditions are applicable for any and all legal transactions entered into through the Website and to the Services provided thereunder.
Technical information necessary for the use of the Services not included in these Terms and Conditions are included in the form of other information notices available on the Website.
The language of the agreement is Hungarian.
Orders placed via the Website do not qualify as written orders but as a legal representation made by conduct, therefore the agreement concluded between the User and the Service Provider via electronic means does not qualify as a written agreement, is not filed by Service Provider and therefore is not available and accessible at a later time.
Service Provider is not subject to any code of conduct.
User, by submitting an order on the Website, acknowledges and accepts the following:
- The terms used in these Terms and Conditions shall have the meaning specified herein.
Fee shall mean a one-time or recurring fee, cost, license fee or any other consideration that is payable by User to Service Provider under this Agreement.
Party or Parties shall mean User and Service Provider individually or collectively
User shall mean the natural person (e.g. sole trader) entering into an agreement with Service Provider, legal person or unincorporated economic entity who enters into an Agreement with Service Provider for the provision of one or more Services specified herein.
Terms and Conditions shall mean the Terms and Conditions of Use and the documents referenced herein that form an integral part thereof.
Website shall mean the website available at https://convkit.com/en (including its sub-pages), or another Internet website operated by Service Provider
Agreement shall collectively mean these Terms and Conditions and the accepted order that collectively form the agreement between the Parties.
Service shall mean the information technology services provided by Service Provider to User under this Agreement and the related activities expressly accepted, the method of use and description of which are determined by the documents referenced by the Terms and Conditions and ultimately by the Agreement between the Parties.
Service Provider shall mean the company providing the Services whose detailed information is included in chapter 2.
- The Terms and Conditions may contain further definitions.
- Service Provider data
- Company data:
Smart Trade Applications Korlátolt Felelősségű Társaság
Company registration number: Cg. 19-09-520717 - Court of Registration of the Veszprém County Regional Court
Tax number: 27056169219
Registered office: Hungary, H-8200 - Veszprém, Óváros tér 25. (Veszprém county)
- Payment account details:
Account servicing financial institution: Budapest Bank Zrt.
Payment account: 10102103-61577300-02005004
- Customer service
Service Provider’s customer service is only available at the following contact details:
Telephone: +36 30 5967875 (regular rate)
Available on working days from 09.00 until 16.00 hours.
Customer service is not available at weekends and on holidays.
In the majority of the cases, Service Provider responds to queries sent to this email address within 2 working days of receipt.
Service Provider does not operate a customer service center (brick and mortar customer service) open to customers.
- Provisions relating to Intellectual Property
- Access and the use of computer programs (e.g. ConvKit widgets) made available to User by the Service Provider as part of the Service takes place in exchange for the Fee and on the basis of a non-exclusive, non-transferable right of use free from territorial limitations, limited to a particular Subscription Period, provided by Service Provider and is limited to the fulfilment of User’s own business purposes.
- The developer of the Services and of the computer programs made available to User as part of the Services as well as the rightsholder of the copyrights and of any other intellectual property is Service Provider and its certain suppliers. Service Provider and its suppliers reserve any right that are not explicitly granted to User under the Agreement.
- Provisions relating to Intellectual Property
The following use cases or rights of use relating to the Services shall NOT be exercised in the absence of a separate written authorization by Service Provider:
(i) performing acts or operations intending to circumvent protection solutions or technical limitations;
(ii) alteration, translation, reverse engineering, analyzing internal architecture beyond what is permissible by law;
(iii) making of copies of the computer programs made available to the User beyond the extent necessary for embedding them in User’s websites;
(iv) communication to the public, publication, making available, distribution to third parties either free of charge or in exchange for consideration;
(v) resale, time sharing, assigning, transfer, sublicensing, renting, lending, leasing, either free of charge or in exchange for a consideration to third persons
(vi) integration within User’s own product and providing it for use as a part of that product or service, either free of charge or in exchange for a consideration (including providing access, too).
- IT IS NOT PERMITTED furthermore:
(i) to store or process contents, data or information (“content”) that infringe upon the rights of third parties, are obscene, threatening or that are otherwise immoral or illegal or to use the Service in relation to such content;
(ii) to store or process content or files that contain malware or other harmful computer programming scripts;
(iii) to interfere, without authorization, with the functioning of the Service or the content stored as part of it or to disturb the functioning thereof; and
(iv) to attempt unauthorized access to a Service, or a function or a system or a network of the Service Provider which User, under his or her contract, is not authorized to use.
- Types of authorizations of use
- The Agreement includes a subscription to use the Services with a timely limitation, i.e. User may only access the functionality of the Service during this limited period of time (“Subscription Period”). Unless otherwise provided in the Agreement, Subscription Period shall mean a period of time for which User has paid in full the relevant Fee.
- Types of authorizations of use
Service Provider, unless expressly agreed on otherwise, shall not sell authorizations of use in relation to the Services.
During the Subscription Period, the Services may be accessed primarily by registered users. In the case of certain Plans, there is a possibility to attach additional user accounts to the subscribed Plan in exchange for a fee.
- Trial Period. In the case of an authorization of use for a trial, the period of use shall mean the 14 days, or another period specified by Service Provider, calculated from the commencement of the trial (from when access is provided) (“Trial Period”). Based on the authorization of use, the rights attached to the trial license may be exercised free of charge, exclusively for the purpose of a trial of the Service within User’s organization. Service Provider has the right to set and enforce further limitations in the functionality of the Service provided under the trial license.
User, during the Trial Period, shall have no right to use the Service for business/commercial, educational or governmental purposes. Use beyond the termination of the Trial Period is only permitted under a commercial license.
USER ACKNOWLEDGES THAT SERVICE PROVIDER HAS THE RIGHT TO INCLUDE A MECHANISM IN THE SERVICE PROVIDED UNDER A TRIAL LICENSE THAT AUTOMATICALLY TERMINATES ACCESS (“TIME OUT”) THAT DISCONTINUES USE AT THE EXPIRY OF THE TRIAL PERIOD EVEN WITHOUT NOTICE AND THAT RENDERS THE DATA AND THE INFORMATION OF THE SERVICE AND OF THE USER INACCESSIBLE.
Only one Trial Period can be used in relation to a given Service. Service Provider may modify the limitations imposed on the Trial Period at its own discretion without further notice.
- Commercial license. An authorization of use (with a limitation in time) that fundamentally includes a Subscription Period of 30 (days) that allows access to the functions of the Service.
Within this, Service Provider may create different plans - with varying duration, functionality or features - which User may choose from during the ordering process.
- Special licensing plans. Service Provider may permit User to use the Services under uniquely created and priced plans. Such may be especially volume licenses or unlimited licenses or other licenses based on individual pricing and conditions.
In relation to such schemes, Parties shall in every case enter into a separate written agreement.
- To use the Service, Users must register on the Website. Registration takes place by User voluntarily providing the data requested on the registration page of the Website, ticking the appropriate checkboxes (including the Terms and Conditions, other documents and statements) and accepting them.
- On the registration page, the User provides to the Service Provider the data that is required on that page.
- Service Provider shall send an electronic mail of the registration request to the email address provided by User in which User may review the data provided during the registration and other information. User will find an Internet link in the email and the User will need to confirm registration by clicking on that link. Registration will take place by clicking on that link.
User agrees to update the personal data provided during the registration when necessary so that they remain relevant, complete and true to life.
- Registered Users will be entitled to modify his or her data provided during the registration, to order the Services available via the Website, to use other products and services offered on the Website.
- Registered Users may request the erasure of their registration in a notification sent to the following email address: firstname.lastname@example.org. Service Provider, after the receipt of the notification, will immediately arrange for the registration to be deleted. User’s data will be removed from Service Provider’s system immediately after the deletion but not later than within 2 working days. After the removal, the data can no longer be restored and new orders may be placed only after resubmitting the data (after a new registration).
Deleting the registration will not affect the following:
(i) retention of data and documents related to the orders submitted, it will not lead to these being deleted,
(ii) performance of valid Agreements, enforcing of rights and fulfilment of obligations related to these Agreements, however, users who have deleted their registration will no longer be able to access the Services for which Service Provider shall not accept any responsibility whatsoever. ]
- Service Provider reserves the right to withdraw the registration at any time if the Terms and Conditions are infringed upon and reject orders without registration.
- User shall be solely responsible for maintaining the confidentiality of the access data (especially the password) of the User. If User becomes aware of the fact that unauthorized third persons may have accessed his or her password provided during the registration, he or she shall, without delay, change that password, and in cases where it may be assumed that the third party has misused the password in any manner, he or she shall immediately notify Service Provider.
- orders and confirmation
- Should any questions arise in relation to a service prior to placing an order, or should User require further information in relation to the quality, basic characteristics or usage of any Service, they should turn to Service Provider’s customer service using the contact details provided herein or on the Website.
- To use the Service and to conclude the Agreement in relation to the Service, registered Users will need to submit an order on the online ordering page of the Website. Agreements are concluded by Service Provider’s acceptance of the order.
- During the online ordering process, orders (online orders) containing the designation and characteristics of the Services presented on the website, condition precedents of the performance, the total fee payable, familiarity with and acceptance of current terms and conditions and other notices are filled out and submitted using the online system available on the Website.
During the ordering process, the data can be reviewed, modified or deleted at any time until the order has been submitted. Prior to submitting the order, User will see a final order summary.
User shall provide every data in its entirety and truthfully. Service Provider shall not accept any responsibility whatsoever for any delay, issue, defect or any resulting damages that are attributable to order data submitted erroneously and/or inaccurately by User. Service Provider shall not accept any responsibility for any consequences resulting from typos or falsely or incorrectly submitted data, User shall be solely responsible for such consequences.
- With the order, User makes a binding offer to Service Provider to enter into a Services Agreement based on the order, these Terms and Conditions and other referenced documents. Service Provider shall confirm receipt of online orders in an electronic form without delay but no later than within 48 hours. Confirmations shall not be regarded as acceptance of the order. The confirmation email contains User-submitted data (e.g. invoicing data), the identifier and the date of the order, the list and quantities of the Services, Fees, other costs and the total sum payable, and the Subscription Period.
If this confirmation is not received within 48 hours of the order being placed by User, User will be released from the binding offer. Orders, and the confirmations thereof, shall be regarded as received by Service Provider or User when they are accessible to them.
Service Provider would like to inform User that the content of a confirmation of an order received and the content of a confirmation of an order accepted must be checked. If the content of a confirmation differs from the content of a relevant order and User fails to submit a complaint in this regard within 24 hours of receipt of such a confirmation, and in cases where User completes a payment after receipt of a confirmation, the content of the confirmation shall prevail in respect of the Agreement. After a notice is sent to Service Provider about a confirmation having a different content, Service Provider shall examine the notification and rectify the order where necessary.
- the agreement
- Service Provider shall process orders within 2 working days. In cases where the order is accepted, Service Provider shall notify the User of the acceptance of the order by electronic means prior to the processing of the order. The Agreement for use of the service is concluded by Service Provider’s statement of acceptance in accordance with the content of the statement of acceptance. The relevant characteristics and features of the Service(s) ordered as well as the information relating to their use are included in the Agreement concluded between the Parties.
- In addition to the order and these Terms and Conditions, any and all information, product features, policies or descriptions found on the Website shall form an integral part of the Agreement. By completing the registration and by submitting a relevant order, User declares that it has familiarized itself with and accepts to be bound by the rules included in these Terms and Conditions, the notices, representations and regulations on the Website.
- Accepted orders shall qualify as contracts concluded in an electronic form, which are governed by the provisions of Act V of 2013 on the Civil Code, Act CVIII of 2001 on Certain Aspects of Electronic Commerce Services and Information Society Services.
- adjusting the service and making the service available
The Service is made available immediately after the order and therefore Service Provider shall issue to User the invoice relating to the first Subscription Period (see 8.1 clause) immediately after the execution of the Agreement.
Invoices or pro forma invoices are sent in an electronic form in an email attachment or as a URL pointing to an invoice generated in an invoicing system (e.g. szamlaz.hu or similar systems) to the email address registered by the User. In the case of a pro forma invoice, Service Provider sends the invoice to User after the amount on the pro forma invoice has been paid in full.
- term of the agreement
- The first day of the Subscription Period is the day that Service Provider has made available the Service (the commercial license thereof) to User in accordance with the content of the Service plan. If the User has used a Trial License, this terminates on the first day of the Subscription Period.
The term of the Subscription Period calculated from its start date or its expiration date is included in the order accepted by Service Provider. Unless otherwise regulated by the Parties, the first Subscription Period lasts for 30 days from the first day.
- User acknowledges that the Subscription Period, upon expiry, will automatically be extended to a new, complete Subscription Period. At the time of the extension, the Fee for the next Subscription Period will automatically be invoiced and debited from the User’s account by the payment service provider. Should the debit be unsuccessful, User shall, immediately after receipt of a notification of this fact, settle the invoice. Should it fail to do so, Service Provider shall apply provisions applicable to defaulted payments.
- In the event that Service Provider is unable to make the Service available for any reason or User is not able to deploy it (e.g. because of technical difficulties, incompatible User data), the Service Provider or the User may rescind the agreement within 14 days of the first day. In such cases, if User has paid a fee, Service Provider shall reimburse it in full to User within 14 days of the notice of the rescission.
- Obligations of the User
- User undertakes to inform all of its end users falling within its sphere of interest (e.g. its employees) of the fact that compliance with these Terms and Conditions (especially the rules included in chapter 3.) is a condition precedent for use.
- Should activities requiring remote or physical access become necessary in relation to the Services (e.g. identification of errors troubleshooting) on the part of the Service Provider, during which remote or physical access to User’s site or systems becomes necessary, User shall grant such access to Service Provider at no charge.
- To use or to access the Services, it may become necessary to provide or generate usernames and passwords or other user identification data. User shall treat such identification data confidentially and store at a secure location, hidden from unauthorized Third Persons. If the confidentiality of the identification data is breached or if it accessed by unauthorized persons, User shall notify Service Provider to allow Service Provider to issue new identification data and to disable the old ones, or, in cases where the Service allows to do the same without intervention by the Service Provider, it shall change the identification data without delay. User shall have sole responsibility for the consequences if the identification data are disclosed (has not been modified by User) or if the Service Provider has not been notified, in cases where it is not attributable to Service Provider.
Service Provider reserves the right to modify its security mechanisms based on User’s earlier notice, and especially to request identification data to be modified from time to time or to introduce a different type of access procedure.
- To use the Service, a public Internet connection is required and/or a network connection (“network connection”) specified in the Agreement. User shall be responsible in every case for providing and operating the Network Connection and the compatible version of the User-side software supporting the protocols and standards required by Service Provider (e.g. PC, tablet, operating system, browser application).
- User declares and acknowledges that it will indemnify, defend and hold harmless Service Provider from and against all claims, actions, litigation or procedures by any third parties (including, also, decisions by authorities, courts) as well as from and against any loss, debt, damage, costs and expense (including legal fees) incurred because of or arising out of (a) User’s breach of the provisions of the Agreement, or (b) User’s illegal use of the Services - either in line with or contrary to their purpose and functions - or such use resulting in a breach of the law.
- fees and payment
- Service Fees
- The Service Fee is displayed on the Website at the description of each Service. The amount of the Service Fee to be applied in the Agreement may be checked before submitting the order and it is confirmed by Service Provider. The Fee is the “gross” Fee displayed on the Website next to the selected Service plan, and it is inclusive of VAT. The amount of the Fee is in Hungarian Forints (HUF) in every case.
- In addition to the Fee shown, Service Provider will only charge other consideration in relation to purchasing the Service and the payment of the fee where it is explicitly shown in the order or where Parties have separately and expressly agreed thereon.
- If, despite Service Provider’s diligence, for technical reasons, an incorrect Fee is displayed on the website, especially regarding apparently erroneous Fees, e.g. one that is significantly different from the publicly known, generally accepted or estimated Fee of the Service or one that is potentially displayed due to a system error, Service Provider is not obligated to provide the Service at the erroneous price but may (in a form other than the automatic confirmation) offer to sell to User for the adequate Fee, in observance of which the User involved in the transaction may rescind the Agreement or withdraw his or her order.
- Service Provider reserves the right to modify the Fee of the Services with the proviso that in such cases the modification shall take effect when it is published on the Website. Modifications do not affect prices of Services already ordered in the Subscription Period of its effective date. However, Service Provider will apply the modified Fee from the following Subscription Period. Service Provider shall notify User of the modification at least 60 days prior to the effective date of the modification in an electronic mail. If the User does not intend to accept the modification, he or she may terminate the Agreement effective from the end of the Subscription Period.
- User shall pay the Fee of the Service (plan) under the Agreement by bank transfer to the bank account displayed on the invoice (or pro forma invoice) sent by the Service Provider. During the transfer, the account number and any other data provided by the Service Provider must be included in the note section.
- Service Provider may provide an option to pay using a bank card / via a payment service provider. Bank card payments are provided by the Service Provider with the help of a payment service provider. The payment service provider is independent of the Service Provider, the User will be redirected to the payment service provider’s site. User will provide his or her bank card data directly and exclusively to the payment service provider, the Service Provider will not receive bank card data.
- User will settle the Fee on the first occasion after the conclusion of the Agreement.
- The legal title for payments is ‘subscription fee’, which may be paid, depending on the payment options provided by Service Provider, as in the following:
- Service Fees
- normally, Service Provider sends an invoice or a pro forma invoice prior to the first day of the next Subscription Period (‘accounting date’) which should be settled by bank transfer;
- in the case of bank card (or other electronic) payments, the amount, upon User’s authorization and titled as an automatically renewed subscription, will be debited on the accounting date using the bank card details. Such payments are concluded by the payment service provider;
- For Fees under the Agreement that User will need to settle subsequently in exchange for an invoice or a pro forma invoice, the payment deadline will be 15 days from the issue date of the invoice. Transfers are to be sent to the bank account number displayed on the invoice or, lacking this, to the account marked above.
- Late payment
- If User falls into arrears with the performance of its payment obligations, Service Provider has the right to charge the legal late payment interest applicable at the time of the delay, and, with a notice sent to User, may, at the same time:
(i) suspend any and all activities performed for the benefit of the User by notifying the User at the same time; and
(ii) suspend the Services made available to the User or partially or entirely limit access until such time as the debt has been settled in full. Service Provider, in such cases, has the right to charge a restoration fee at the same time as the Services are restored, the amount of which is: HUF 30,000,- / occasion (thirty thousand forints).
Service Provider is not responsible for any consequences resulting from the suspension.
- Amendments to the Agreement
- User hereby expressly accepts and acknowledges that Service Provider shall have the right to unilaterally amend these Terms and Conditions even in respect of the content of the Agreement concluded, including the modification of the Fees and the modification of the content / functionalities of the Services in a manner detrimental to the User. Such amendments shall not take effect regarding Subscription Periods that already commenced prior to the effective date of the amendment (not including Trial Periods).
In the case of orders, the terms and conditions in effect at the time of their submission shall be applied, including any and all policies, descriptions and notices available on the Website that form an integral part of these Terms and Conditions.
- User shall be notified at least thirty (30) days prior to the effective date of planned amendments in an email sent to the email address provided by the User or in a pop-up window displayed on the Website when logging in. In respect of the amendment, User shall have the right to terminate the Agreement at the latest on the date that the amendment takes effect if it has demonstrably detrimental consequences for User. In such cases, the Agreement shall terminate on the effective date of the amendment, or, if the Subscription Period has not terminated at that time, on the last day of the Subscription Period.
If the User does not terminate the Agreement prior to the effective date of the amendment, it shall be regarded as acceptance of the amendment by the User.
- In the event of a termination under this chapter11, if the User has completed payments for the period following the termination of the Agreement, Service Provider shall within thirty (30) days of the termination of the Agreement pay back the Fee paid for the period affected by the termination.
- termination of the agreement
- Withdrawal. Both Party have the right to withdrawal without cause until such time as Service Provider has made available the Service to the User (i.e. until the first day of the Subscription Period - see clause 8.1). In the case of a withdrawal, the Services Agreement terminates with effect on the date of the order and fees already paid shall be paid back. If the withdrawal takes place for reasons not attributable to Service Provider, in such cases the Service Provider shall be entitled to a penalty of HUF 50,000 (fifty thousand forints).
- Cancellation. In respect of the fact that the Agreement between the Parties is executed for a limited term of the duration of the Subscription Period, the Agreement may be cancelled with effect on the last date of a particular Subscription Period. User may cancel the Service by applying the function available in its User account for the cancellation of the Service, or in an electronic email sent to Service Provider. No Service Fee will be reimbursed after the cancellation unless expressly regulated otherwise by the Agreement.
The Service Provider shall also have the right to terminate the Agreement without cause, at the earliest with effect on the last day of the Subscription Period. It shall notify User of the cancellation in an email as well as in the User account.
In the event that the Fees or the Terms and Conditions are amended, the right to cancellation may be exercised according to the provisions in chapter 11.
- Termination by breach of contract. Service Provider has the right to terminate the Agreement with immediate effect and at the same time render the Service inaccessible for the User if User has breached the Agreement. Such breaches are especially (but limited to) the following:
(i) User falls into arrears with payment for at least twenty (20) days; or
(ii) it may reasonably be assumed that User has become insolvent; or
(iv) has provided false data and fails to rectify them upon notice; or
(v) the User has committed a material breach of the Agreement or has committed a breach repeatedly.
- Legal consequences of termination
- The termination of the Agreement shall not result in the deletion of the registration (User account), unless termination is the result of a breach of contract by User or the User deletes the registration.
- With the termination of the Agreement for any reason, the Service becomes unavailable on the day following the termination together with every data and information of the User stored in Service Provider’s systems.
- Legal consequences of termination
IN ACCORDANCE WITH THE ABOVE, EVERY PRODUCT, DOCUMENTATION, INFORMATION, DATABASE, KNOWLEDGE OR OTHER CONTENT THAT IS STORED IN SERVISE PROVIDER’S SYSTEMS (INDEPENDENTLY OF WHICH PARTY CREATED IT OR TO WHICH PARTY IT RELATES) BECOMES INACCESSIBLE FOR THE USER. USER SHALL BE RESPONSIBLE FOR PROPERLY SAVING HIS OR HER OWN CONTENT WHEN USING THE SERVICE. IN THE CASE OF A TERMINATION, THE CONTENT MAY STILL BE AVAILABLE FOR A LIMITED PERIOD, HOWEVER, SERVICE PROVIDER IS ENTITLED TO A REASONABLE ONE-TIME FEE FOR ITS EFFORTS CARRIED OUT TO RESTORE CONTENT, IF IT AGREES TO PERFORM SUCH ACTIVITIES.
IF SERVICE PROVIDER, AT ITS OWN DISCRETION, PROVIDES AN EXPORT FUNCTION THAT MAY BE USED BY THE USER TO STORE USER’S DATA AND INFORMATION, THE USE OF SUCH A FUNCTION IN A REGULAR MANNER IS THE RESPONSIBILITY OF THE USER.
Service Provider shall not delete (e.g. statistical and otherwise publicly accessible) data and findings generated by the Service and Service Provider may use such data and information as its own, even after the termination of the Agreement.
- In the event that the Agreement is terminated for any reason, User shall discontinue the use of and delete the computer programs provided by Service Provider, removing from User’s websites especially widgets and other embedded programs of the Service Provider. Service Provider has the right to deny access to such Services when the Agreement has terminated.
- If the Agreement terminates - if the User has completed payments for the period following the termination - Service Provider shall refund such amounts, once it has offset its claims against it, within thirty (30) days.
- Suspending and terminating the Service. Service Provider reserves the right to suspend at any time the operation of the entirety of its Services without further notice and without explanation. Service Provider will especially apply this option if, due to technical reasons (e.g. interference with or a virus or a defect in the computer system) or due to legal reasons, continued, uninterrupted use cannot be guaranteed.
In the event that the operation of the Services are permanently discontinued, Service Provider will fulfil Agreements that relate to Services for which User has already placed valid orders and which Service Provider has already accepted and confirmed and for which the Fee has been paid, unless it proves technically unfeasible because of discontinued operation of the Services. In the case of obstacles, Service Provider settles with User taking into account the services that had been fulfilled until the time that access was discontinued and refunds Fees pro rata temporis.
- Service Provider warrants that
(i) while providing the Services, it shall act as is reasonably expected of an expert developing and operating Internet-based information technology services;
(ii) no third party holds any right over the software and the Equipment provided by the Service Provider for the provision of the Service (especially not intellectual property rights) that would limit or prevent the use and utilization of the Services to the extent described in the Agreement;
(iii) during the term of the Agreement, the Services operate in accordance with the quality and functional requirements set forth in the Agreement; and
(iv) the Service is suitable for use for the purposes determined in the Agreement.
IN ADDITION TO THE ABOVE WARRANTIES, SERVICE PROVIDER PROVIDES TE SERVICES “AS IS” AND “ALL FAULTS INCLUDED” AND DOES NOT WARRANT A DEFECT FREE STATE NOR DOES IT WARRANT TO CORRECT DEFECTS, FURTHERMORE, IT DOES NOT OFFER ANY WARRANTY FOR CONTINUOUS AND UNINTERRUPTED AVAILABILITY OF THE SERVICES. SERVICE PROVIDER AND THIRD PARTIES EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, INTER ALIA, WARRANTIES UNDERTAKEN FOR CONTINOUS AVAILABILITY, ACCURACY, ENTITLEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER WARRANTY PRESCRIBED BY LAW. ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY SERVICE PROVIDER, ITS REPRESENTATIVES OR THIRD PARTY SUPPLIERS SHALL NOT QUALIFY AS A WARRANTY STATEMENT AND IT MAY NOT BE REFERENCED TO DETERMINE SERVICE PROVIDER’S LIABILITY.
SERVICE PROVIDER EXPRESSLY REJECTS ANY RESPONSIBILITY WHATSOEVER FOR COMPLIANCE OF THE SERVICES WITH ANY LEGISLATION. USER SHALL BE SOLELY RESPONSIBLE FOR THE USE OF THE SERVICES IN A LAWFUL MANNER AND FOR LAWFUL PURPOSES.
- In addition to the contents of clause 13.1 above, Service Provider, to the maximum extent permissible by applicable law, rejects any further contractual or legal liability whatsoever for any faulty or defective performance.
If User acknowledges that the Services provided by Service Provider are not tailored to meet User’s specific requirements (are not customized).
- Having regard to the fact that the Service is a complex combination of equipment, software and networks, and that Service Provider takes every effort that it is reasonably expected to take as an expert information technology enterprise to ensure quality and availability, User acknowledges that Service Provider does not warrant that the Services are continuously available free of defects and without interruptions, nor that any defect not preventing the contractual use of the functions of the Services are corrected (e.g. graphics errors, typos, minor defects in visualization).
Service Provider rejects any responsibility whatsoever for any data loss or data corruption that occurs for any reason during data transmissions over networks outside of Service Provider’s sphere of interest (such as, especially, over public Internet or other electronic telecommunications networks).
Images and illustrations displayed on the Website may look different in the real world.
Content downloaded by following a link to a domain other than the Internet address of external hyperlinks included on the Website are not controlled by Service Provider. Upon the request of an authorized person, Service Provider will delete or modify the link. Service Provider shall bear no responsibility whatsoever in relation to content displayed or downloaded using such links.
- Service Provider’s liability in respect of the damages caused to User during the performance of the Agreement, with the exception of willfully caused damage, shall extend to the net amount of the Fee paid in the month preceding the month when the damage occurred, but in a calendar year it may not exceed three times the sum of the Fee paid in the first Subscription Period.
- Service Provider excludes its liability to the maximum extent permissible by law in respect of direct or consequential damages, therefore especially in respect of lost profit, lost revenues, outages, data loss, lost goodwill.
- User acknowledges that it will select the Services offered by Service Provider as well as the functions thereof to achieve its own business purposes at its own discretion and at its own risk.
- Service Provider shall not warrant compliance with any legal provision in respect of the Services.
- confidential information
- Every service available on the Website, as well as the originality and displayed image, visual representation and composition thereof are the intellectual property of Service Provider and other corporations and are under legal protection. Without Service Provider’s written consent, User may not reproduce or modify the Service and may not provide a similar service with the help of or using the Services in a potentially misleading manner, furthermore, without the written consent of the Service Provider (i) it may not make available or reveal the Services to the public or to third parties, and (ii) it may not reveal images, graphics or other representations of the Service or its operation to the public or to third parties.
- User may only use the Service for its own benefit to the extent of its access privileges. It may not hand over or reveal to third parties or to the pubic information and data acquired during the use.
- User shall pay a penalty for a breach of this obligation. The penalty is HUF 500,000 for each instance of a breach of contract in relation to the above provisions which sum is due on the date of the breach of obligation. In addition to this, the User shall discontinue, without delay, the breach of contract, with the proviso that it shall pay an additional penalty for breach of contract for each day of the breach in the amount of HUF 100,000 (i.e. one hundred thousand forints).
- Force majeure events
- In the meaning of this clause, force majeure events shall mean unavertable events due to causes outside the sphere of interest of the affected Party, especially (i) a temporary special state (state of special legal order, state of emergency, state of danger, state of preemptive protection, unexpected attack) or other situations that may qualify as a catastrophic event, irrespective of whether a temporary special state or a disaster has actually been declared; (ii) strike or a similar work stoppage, with the exception of a strike or work stoppage performed by the employees of the Party.
- None of the Parties shall be responsible for the untimely, defective or delayed performance of their contractual obligations that are caused by force majeure events referenced in the previous clause. In the event of a force majeure event, the affected Party shall notify the other Party in writing without delay. The Party failing to issue such a notification shall have full responsibility for damages resulting from a failure to notify.
- During the period of the force majeure event, the term of the agreement is suspended to the extent the force majeure event renders the performance of the agreement impossible.
- Miscellaneous provisions
- Notifications: Parties agree that notifications and informational notices under the Agreement addressed to each other shall be considered valid when they are made in writing, in person, as a registered postal delivery or by way of electronic mail, delivered to the contact person of the other Party designated herein or during the registration.
User acknowledges that it will receive notifications concerning the registration or the use of the Services or amendments to the legal or commercial terms only in electronic mails or via the User account.
If Service Provider provides another notification channel to the registered Users of the Service, notifications sent therewith shall also be considered effective.
Contact details of Service Provider’s contact person are available on the Website.
- Subcontractors: Service Provider has the right to engage contributors (contributing agents) acting in its name and on its behalf for the exercising of its rights and fulfilment of its obligations. Service Provider shall be liable for contractually engaged contributing agents as for work performed by itself. If Service Provider has engaged a contributing agent in a defaulting manner, it shall also be liable for any other damage that would not have occurred but for the involvement of that contributing agent.
- References: Service Provider has the right to refer to the Services provided under this Agreement solely on its own website and in its offers submitted to potential clients and has the right to display User’s logo and trade name as a reference. Any other reference is only permitted with the prior consent of the other User.
- Governing law: The Agreement concluded between the Parties is governed by the laws of Hungary.
- Dispute resolution, Court: Parties agree to primarily attempt to settle their disputes related to the performance of this Agreement amicably.
In the event that such dispute resolution proves unsuccessful, Parties agree to settle any dispute arising out of or in relation to this Agreement or in connection with the breach, termination, validity or interpretation thereof by subjecting themselves to the jurisdiction of the ordinary courts at Service Provider’s registered address.
- No Resale: Without Service Provider’s prior written consent, resale or relay of the Services are not permitted, either in exchange for consideration or free of charge. Intended use of the Services shall mean, among others, that User may only use the Services for its own, internal business purposes.
Assignment. Service Provider, by leaving the terms of the Agreement unchanged and with a notice given to User at least 30 days in advance, has the right to assign its clientele using its Services, either as a whole or in groups, to one or more third party service providers with full effect. With the assignment, the new service provider shall replace the Service Provider in the User’s Agreement, accepting its obligations and acquiring its rights.