a http://flybuilt.hu to conclude a contract via the website
In force: from 22 November 2024 until revoked
1. PREAMBLE
Welcome to http://flybuilt.hu!
Please read this document, the General Terms and Conditions (hereafter: GTC) carefully before booking an appointment or before finalising your order.
The acceptance of these GTC is a prerequisite for booking and ordering.
Please note that booking an appointment does not oblige you to order the service. The presentation following the booking of the appointment is only intended to familiarise the service, provide information, answer any questions that may arise and to enable the Parties to decide whether they can and wish to cooperate in the future.
The reservation does not in itself create an obligation to pay. The Service Provider will present the service at the chosen time, answer any questions that may arise and, if the Parties decide to continue cooperation, will prepare a price offer based on the service characteristics indicated by the Customer, following the Customer's request for a quotation.
The contract is concluded upon the acceptance of the quotation by the Purchaser.
The Service Provider hereby declares that the contract between the Parties creates a relationship of agency.
If you have any questions about this document, the use of the website, booking an appointment, the presentation, the services, the ordering process, or if you need to discuss your specific needs, please contact me using one of the contact details provided in section 2.
2. IMPRESUSE
Details of the Company:
Brand name: Flybuilt
Business: Flybuilt Inc.
Seat: 6677 N. Washington Blvd. #57 SARASOTA, FL 34236 USA
Registration document identifier: P24000055223
Registration body: Florida Profit Corporation
Tax number: 372156099
Bank account number: Wise 12600016-10530709-43135818
Customer reception:
Phone number: +36-30-424-5394
(Monday, Tuesday, Thursday, Friday and Saturday from 11:00 to 19:00)
Postal address: P.O. BOX 222447 HOLLYWOOD, FL 33022
E-mail address: [email protected]
Booking (for those interested):
https://api.flybuilt.hu/widget/bookings/ingyenes-30p
Booking (for claimants):
https://calendar.app.google/GU9sSwR93Y96AbyE9
Face-to-face reception: at a time and place agreed in advance
Communication with the Service Provider is primarily by e-mail.
Other communication channels:
Troubleshooting and reporting problems.
Additional development needs and modification tasks to be taken up with the service provider
https://flybuilt.hu/ticket
Details of the hosting provider:
Hosting provider name: HighLevel Inc. ATTN
Location: 400 North Saint Paul St. Suite 920 Dallas, Texas 75201
E-mail address: [email protected]
WordPress hosting operator and hosting provider:
Company name: DEVBOX Kft.
Registered office: 7054 Tengelic, Rákóczi Ferenc u. 9.
Company registration number: 17-09-010568
Tax number: 25170605-2-17
Registering authority: the Company Court of Szekszárd General Court
3. RELEVANT LEGISLATION
In particular, the following legislation applies to the contract:
EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter: General Data Protection Regulation)
Act LXXVI of 1999 on Copyright (hereinafter: the Copyright Act)
Act CVIII of 2001 on certain aspects of electronic commerce services and information society services (hereinafter: Ektv.)
Act V of 2013 on the Civil Code (hereinafter: Civil Code)
Act CXXX of 2016 on the Code of Civil Procedure (hereinafter referred to as the "CCP")
4. DEFINITIONS
Price: goods, immovable property, rights in rem and services.
Electronic commerce services: an information society service for the purpose of the commercial sale, purchase, exchange or other use of movable tangible property, including money and securities, and natural resources which can be used as property, services, immovable property, rights in rem (hereinafter together referred to as "goods") which can be acquired.
Parties: Supplier and Claimant together.
Website: a device that enables communication between absent persons, the conclusion of a contract between absent persons.
Claimant: a natural or legal person or an unincorporated organisation using an information society service.
Information: any data, signal or image that can be electronically processed, stored or transmitted, regardless of whether its content is legally protected.
Information society services: a service provided electronically to remote users, usually for remuneration, to which the recipient of the service has individual access.
Contract: Service contract between the Supplier and the Customer.
Software: A specific system to support the beneficiary in achieving his/her goals.
Service: any activity, other than the sale of goods, property or rights in rem, which involves the creation of a result, the provision of a service or other conduct in order to satisfy a Claimant's needs.
Service contract: any contract, other than a sales contract, under which an undertaking, in this case the Service Provider, provides or undertakes to provide a service to the Customer and the Customer pays or undertakes to pay the price for the service.
Service provider: A person who is obliged to provide a service. Natural or legal person or unincorporated organisation providing an information society service.
A device that enables communication between remote parties: an instrument capable of making a contractual statement in the absence of the parties for the purpose of concluding a contract. Such means include, in particular, addressed or unaddressed printed matter, standard letters, advertisements with order forms published in the press, catalogues, telephones, faxes and Internet access devices.
Contract between remote parties: a consumer contract which is concluded without the simultaneous physical presence of the parties in the context of a distance sales system organised for the supply of the goods or services covered by the contract, where the parties use a means of distance communication only to conclude the contract.
Business: a person acting in the course of his or her profession, self-employed occupation or business.
5.SCOPE, ADOPTION
5.1. The content of the contract concluded between the Parties shall be determined by these GTC and other information published on the Platform, in addition to the provisions of the applicable mandatory legislation. The GTC shall form an integral part of the contract between the Customer and the Service Provider.
5.2. The GTC contain the rights and obligations of the parties, the conditions of the contract, the deadlines for performance, the ordering and payment terms, and the liability rules.
5.3. The customer must read the provisions of these GTC before booking an appointment and before finalising his order.
5.4. By booking an appointment or by placing an order via the website or other electronic means, the Customer accepts the provisions of these GTC, and at the same time acknowledges that, if he accepts the offer made by the Service Provider, his order is subject to payment.
5.5. By accepting these GTC, the Customer acknowledges that it is bound by them.
5.6. The Service Provider draws your attention to the fact that it provides its services exclusively to legal entities and unincorporated organisations.
6. ESSENTIAL FEATURES OF THE CONTRACT
6.1. The language of the contracts covered by the GTC is Hungarian.
6.2. Contracts covered by the GTC are not filed and are not accessible afterwards.
6.3. The contract is considered to be a written contract.
7.THE RANGE OF SERVICES THAT CAN BE ORDERED
7.1. Provider of the following services: corporate governance, sales strategy, coaching, consulting.
Provider also provides access to the Flybuilt App software. The software is available at the following link - https://app.flybuilt.hu - and via the phone app.
Provides support and assistance in using the software.
At the same time, the applicant will have access to the knowledge base. The purpose of the knowledge base is to provide the customer with answers to questions he may have in connection with the creation of a corporate management and sales strategy.
7.2. The range of services offered for sale may vary.
7.3. On the website, the Service Provider will indicate the name of each service, as well as its essential characteristics. The services offered for sale will be presented in detail online, through the Google Meet interface, after booking an appointment.
You can book your appointment via the link below: https://link.lvlupyourbusiness.com/widget/bookings/ingyenes-bemutato
7.4. For services, the fees will be determined after the request for quotation by the Requester, based on the characteristics of the service requested by the Requester. The fees for services will not be indicated on the interface.
7.5. The displayed services can be ordered after booking an appointment and after a presentation based on the appointment, based on the price offer provided by the Service Provider.
7.6. The information on this website is for information purposes only.
7.7. The photos and images on this website are for illustrative purposes only.
8. CORRECTION OF DATA ENTRY ERRORS - RESPONSIBILITY FOR THE ACCURACY OF THE DATA PROVIDED
8.1. On the appointment booking page, you must enter the following information: first name, surname, telephone number, e-mail address, company name, website - if available, company activity. The Service Provider will conduct the presentation on the basis of the data provided in the appointment booking form and, if requested by the Customer, will prepare a price quotation.
8.2. It is always possible to modify the data provided before finalising the order.
8.3. After completing and sending the booking form, you can send a signal using one of the contact details set out in point 2.
8.4. It should be stressed that it is the responsibility of the Applicant to ensure that the information provided is entered accurately.
8.5. The data provided will be used for invoicing and fulfilment.
8.6. By placing an order, the Customer acknowledges that the Service Provider is entitled to charge the Customer for all damages and costs resulting from incorrect data entry and inaccurate data. The Service Provider shall not be liable for performance based on incorrect or inaccurate data entry.
8.7. An incorrect e-mail address or a full mailbox may result in non-delivery of the offer and prevent the conclusion of the contract.
9. THE ORDER PROCESS
9.1. The main page provides the following information about each service: the name of the service, its essential content.
9.2. After having been informed of the essential elements of the service, the Customer can contact the Service Provider via the appointment booking form and book an appointment for a demonstration by the Service Provider.
9.3. After the presentation, the Service Provider will, if requested by the Customer, prepare a price offer.
Entering customer data to be claimed
9.4. You can enter your customer data via the appointment booking form.
9.5. The applicant must provide the following information: first name, surname, telephone number, e-mail address, name of the business, website - if available, business activity. If the quotation is accepted, the Service Provider may request or require other information from the Customer (e.g. head office, tax number)
Specify payment methods
9.6. You can pay for the service monthly or annually through a renewable subscription system, by online credit card payment or by bank transfer. The service fee may be paid by the Customer and by a third party appointed by the Customer. If the service fee is not paid on time, the Service Provider reserves the right to refuse further provision of the service. The invoice will be sent by e-mail. A confirmation of the transaction will be issued by Stripe Inc., the provider of the online credit card payment service. After a successful payment transaction, the service provider will send an invoice to the Claimant via the Stripe Inc. system.
Processing of the order, conclusion of the contract
9.7. At any time, the customer may contact the Service Provider and make an appointment for the presentation.
9.8. The Service Provider will communicate its offer - in case of a request for a quote - at the presentation or at a possible later, pre-agreed date by telephone or verbal agreement via Google Meet. Within 48 hours after the acceptance of the offer by the Customer, the Supplier shall confirm in writing, by e-mail, the offer accepted by the Customer, attaching at the same time - in pdf format - these GTC, the data management information and pointing out that the order shall be subject to payment.
9.9. The contract is concluded upon acceptance of the offer.
9.10. The use of the Service is subject to the Customer's express acceptance of these GTC.
10. DELIVERY DEADLINE
10.1. The deadline for performance shall be determined by agreement between the Parties, taking into account the nature of the service.
11. RESERVATION OF RIGHTS, OWNERSHIP CLAUSE
11.1. Some services on the platform may cease to be provided in the meantime. In this regard, the Service Provider reserves the right to refuse all or part of the orders already confirmed.
11.2. Partial payment will be made only after agreement with the Customer. In the event of advance payment of the fee for the services, the amount will be refunded within 8 (i.e. eight) working days.
12.
12.1. The Service Provider shall be entitled to a commission fee for the performance of its tasks as set out in these GTC. The Parties agree that the Service Provider shall be entitled to the commission fee even if its actions do not lead to a result, unless the result is not achieved in whole or in part because the Service Provider acted in a manner for which it is not responsible.
12.2. The fee is based on the characteristics of the service.
12.3. The commission fee is paid monthly on a subscription basis. The first monthly fee for the service and the one-off so-called setup fee are paid online by credit card, during which the Customer manually enters the necessary transaction details. From the second month onwards, the monthly fee for the service is automatically deducted.
12.4. The monthly fee for the operation of the website is a compulsory fee of HUF 14 500/month/website.
12.5. The service is payable in advance.
12.6. The monthly fee for the service will be deducted each month on the calendar day that corresponds in number to the starting date of the service (e.g. if the starting date of the service is January 5th, the monthly fee will be deducted on the 5th of each month.)
12.7. The Service Provider may charge an extra fee for the use of certain communication functions by the Customer, e.g. SMS, MMS, e-mail, telephone calls.
12.8. If the Customer fails to pay the fee, the Service Provider is entitled to:
Suspend or restrict access to the Flybuilt App.
Restrict or suspend all or part of the operation of the website until the outstanding fees have been paid.
12.9. The Supplier informs the Customer that VAT is not included.
12.10. The Service Provider reserves the right to change the fees and the terms of payment. The right to change the tariff includes the possibility to change the total amount of the subscription fee and the individual tariff items.
12.11. The Service Provider shall notify the Customer of the change of tariffs and tariff payment conditions at least 30 (i.e. thirty) calendar days before its application, and shall notify the calendar day from which the changed tariffs and tariff payment conditions apply. If the Customer has not terminated the contract by that date and continues to use the service after the date from which the changed fees and charges apply, the Parties shall be deemed to have given their consent to the amendment of the contract.
13. TECHNICAL CONDITIONS
13.1. The software used is web-based. The service requires an internet connection.
13.2. The technical conditions for using the service are:
broadband internet connection
Current and previous versions of Microsoft Edge, Google Chrome, Safari internet browsers
Computer capable of running current and previous versions of Microsoft Edge, Google Chrome, Safari internet browsers
13.3. In the software, the https://app.flybuilt.hu you can log in via the website.
13.4. To log in, you need an active username and password.
13.5. Only one login at a time can be made with the username and password used to log in. The account linked to the Claiming Customer is not transferable.
13.6. The applicant is responsible for ensuring that the registration data is not disclosed to any unauthorised person. The claimant shall take all necessary measures to ensure that the account is not accessed by unauthorised persons.
13.7. The Customer must notify the Service Provider immediately if there is reasonable suspicion that his/her account has been accessed by unauthorized persons, if his/her login details have been used without authorization or if any other event has occurred that may jeopardize the security of the account.
13.8. The Service Provider reserves the right to disable the login data in justified cases, regardless of the existence of a security incident. In particular, the login data may be disabled if the Customer is in default of payment of the service fee or in justified breach of its obligations under these GTC.
14. AVAILABILITY
14.1. The Service Provider shall ensure that the software meets the 0-24 hours service level with an availability of 99 % per year. This gives the Service Provider a maximum of 365 days of downtime per year. This period shall include the time taken to carry out pre-announced and planned maintenance and other unforeseen and unplanned problems that may arise in the interest of the Service Provider.
14.2. The Service Provider will resolve any problems that arise in its interest as soon as possible.
14.3. The Service Provider reserves the right to extend the time period set out in clause 14.1 if the reason for the downtime is force majeure (e.g. fire, armed conflict, natural disaster) or is beyond the Service Provider's control (e.g. domain and hosting provider, external service provider).
14.4. If the outage is planned in advance, the Service Provider shall notify the Customer of the duration of the outage at least 14 (i.e. fourteen) calendar days before the planned outage date by means of a notice published on the website. If the outage is unscheduled, the Service Provider shall, as soon as possible, inform the Customer of the expected date of the end of the outage.
15. RIGHTS AND OBLIGATIONS OF THE PARTIES
Rights and obligations of the Service Provider
15.1. The Service Provider - as the principal - is obliged to perform the contract in a contractual manner, in the manner and quality expected of him, in accordance with the rules, professional customs and regulations governing the activity. The Service Provider undertakes to perform the contract in accordance with the instructions of the Customer, taking into account the legitimate interests and needs of the Customer, with the requisite professionalism, the greatest possible care and diligence, and with due regard to the requirement of safe, professional, economical performance within the prescribed time limits.
15.2. The Service Provider warrants that it has all the necessary means and conditions for performance, in particular professional knowledge, experience and practice.
15.3. The Service Provider may use other persons - such as subcontractors or employees - for the performance of the Service, to which the Customer gives its consent by accepting these GTC. If the Service Provider uses another person for the performance of the assignment, he shall be liable as if he had performed the assignment himself. The parties further stipulate that the obligation of confidentiality shall also apply to any person engaged by the Service Provider, who shall be required to declare in a separate document that he accepts the confidentiality provisions as binding on him.
15.4. The Service Provider is obliged to request from the Customer in due time the information, materials, files that are absolutely necessary for the contractual performance of its tasks.
15.5. The Parties stipulate that the Service Provider may only deviate from the Customer's instructions if the Customer's interest absolutely requires it and no prior notice to the Customer is possible. In such a case, the Customer shall be notified without delay.
15.6. The Service Provider shall be obliged to warn the Customer of any inappropriate or unprofessional instructions given by the Customer. The Service Provider shall be liable for any damage resulting from failure to warn. If the Customer maintains his inappropriate or unprofessional instructions despite the Service Provider's warning, the Service Provider may withdraw from the contract. If the Service Provider does not withdraw from the contract, it shall carry out the task at the risk of the Customer. If, however, the performance of the tasks would result in a breach of the law or of a provision of public authority, or would endanger the safety of life or property, the Service Provider shall refuse to perform the task.
15.7. The Claimant shall reimburse the costs incurred in connection with the execution of the instruction. Reimbursement of costs is subject to prior agreement and consent of the Claimant.
15.8. The Service Provider may make the execution of the instruction subject to the provision of a security. If the Customer fails to provide adequate security, the Service Provider may refuse to execute the instruction.
15.9. The tasks of the Service Provider are:
15.10. The Service Provider reserves the right to make updates or modifications to the Software, including changes that affect or may affect, modify or alter the previous operating mechanisms, structure, graphics of the Software. Such update or modification shall not be subject to the Customer's consent.
15.11. The Service Provider is not obliged to correct the Customer's incorrect data entry, to detect and correct the resulting errors.
15.12. The Service Provider undertakes to fully perform the following administrative, documentation and handover tasks related to the Task:
If necessary, and at pre-arranged times determined by the Customer, the Service Provider shall hold a technical consultation with the Customer;
The communication between the Service Provider and the Customer - in particular the definition and concretization of tasks - is primarily done by e-mail or via the Google Meet interface.
15.13. The Service Provider undertakes that if there is a change in its data or circumstances affecting the performance of the contract, it will inform the Customer in writing immediately after the reason arises, but no later than within 5 (i.e. five) calendar days. If the Service Provider is in default of performance, the notification shall also state the reason for the default and the expected time of performance.
15.14. The Service Provider undertakes to respond to the Claimant's questions and requests received by e-mail within 5 (i.e. five) calendar days, to respond to them, to initiate further consultations. This deadline does not apply to questions and requests received via social media platforms such as Facebook, Instagram, LinkedIn and TikTok.
Rights and obligations of the Claimant
15.15. The use of the software is essential to use the service.
15.16. To use the software, the Customer must register. The Customer is responsible for providing complete, up-to-date and accurate information during registration.
15.17. The Customer warrants that the Customer and the users registered by it have all the necessary means and conditions for using the software, in particular professional knowledge, experience and practice.
15.18. The Parties agree that the Customer is responsible for the activities of the users registered by it in connection with the Software. The Customer shall ensure that access to the Software is restricted to users who have the necessary professional knowledge, experience and practice to use the Software and who use the Software in accordance with its intended purpose, lawfully and contractually.
15.19. The Service Provider may provide the Customer with communication functions: e.g. SMS, MMS, e-mail, telephone calls. The Service Provider shall not be liable for any written or verbal content used in the application of the communication functions. The Customer shall be responsible for the legality of the content, including compliance with the provisions of Act XLVIII of 2008 on the Basic Conditions and Certain Restrictions of Economic Advertising Activities and Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers.
15.20. The Customer acknowledges that the Service Provider does not back up. If the Customer wishes to make a backup, he can do it himself by importing his data as a csv file from the Service Provider's system.
15.21. The Software is the property of the Service Provider, and the Customer may use it against payment of the Service Fee. Upon termination of the contract, the Customer's right to use the Software shall cease for all users registered to the Customer's account.
15.22. The Customer - and all users registered for a Customer Account - shall use the Software in accordance with its intended purpose, lawfully and within the contractual terms and conditions set out in these GTC.
15.23. The Customer shall be entitled to demand that the Service Provider perform the contractually agreed tasks. The Service Provider shall carry out its tasks in accordance with the instructions of the Customer. The Customer shall have the right to give instructions, provided that it may delegate this right to another person. The Customer shall give clear instructions to the Supplier.
15.24. The Customer has the right to monitor the Service Provider's activities to ensure that it is carrying out the tasks set out in the contract within the limits set out in the contract.
15.25. The Customer shall only inform the Service Provider of the experience gained during the inspection, and of any comments or requirements related to the performance. The notification shall be made in writing.
15.26. The Service Provider shall not be exempted from the consequences of breach of contract if the Customer has not or has not properly controlled the Service Provider's activities.
15.27. The Customer shall ensure that the information, materials and files required for the performance of the contract are available and accessible to the Service Provider at the time required for the proper performance of the contract.
15.28. The Customer undertakes to be at the Service Provider's disposal for the necessary clarifications and discussions in order to ensure the proper performance of the contract.
15.29. The Customer shall inform the Service Provider in writing of any change in its contractual needs and of any circumstances that affect, hinder or prevent the Service Provider's activities, immediately after the reason arises, but not later than within 5 (i.e. five) calendar days. The Service Provider shall not be liable for any damage caused by failure to notify the Customer.
15.30. The Customer shall refrain from interfering with or hindering the Service Provider in the performance of its obligations under the contract.
15.31. The Customer undertakes to reply to the materials, e-mails, text messages submitted by the Service Provider within 5 (i.e. five) calendar days, to respond to them, to initiate further consultations.
15.32. The Parties stipulate that if the Customer does not respond, react or make any comments to the work submitted by the Service Provider within 5 (i.e. five) calendar days, the work shall be deemed to be accepted by the Customer after the expiry of the deadline.
15.33. The Parties further stipulate that the Customer may access and request the integration of services of other Service Providers through the Software. For the purpose of integration and for the usability of the services of other Service Providers, the Service Provider may transmit or transfer the Customer's data to other Service Providers. The data of the data processors, joint controllers - the so-called recipients - connected to the Service Provider and the detailed rules for the transfer of the data are set out in the data management information included.
15.34. The Service Provider shall not be liable for any rights and obligations arising from the contractual relationship between the Customer and other Service Providers, in particular for any breach of contract, breach of contract, tortuous conduct or omission, delay or defective performance by another Service Provider. Furthermore, the Service Provider does not guarantee the interoperability, integrability, legality and quality of the services provided by other Service Providers.
15.35. The Customer acknowledges that the Service Provider may modify the Software and the services provided by the Service Provider at any time, at its unilateral discretion. Any modifications or changes may affect the interoperability, integration or support of services provided by other Service Providers.
15.36. You also understand that if you delete all or part of your software account, you cannot be guaranteed the restoration or recovery of certain features or services, including services provided by other Service Providers.
16. WARRANTY OF ACCESSORIES
Incorrect performance
16.1. The Service Provider - as the Obligated Party - shall be deemed to have performed defectively if the service does not meet the quality requirements laid down in the contract or by law at the time of performance.
Exemption from defective performance
16.2. The Service Provider shall not be deemed to have performed defectively if the Customer, as the Rightful Claimant, knew of the defect at the time of conclusion of the contract or should have known of the defect at the time of conclusion of the contract.
Accessories warranty
16.3. Under a contract in which the parties are mutually liable for services, the Obligor is vicariously liable for defective performance.
Warranty claims
16.4. The Beneficiary may, at its option, make the following warranty claims:
A) You may request repair or replacement, unless it is impossible to fulfil the chosen warranty right or would result in disproportionate additional costs compared to the fulfilment of another warranty claim. The repair or replacement shall be carried out within a reasonable time and without prejudice to the interests of the Beneficiary.
B) It may request a proportionate reduction of the consideration, may repair or replace the defect at the expense of the Obligor, or may withdraw from the contract if the Obligor has not undertaken to repair or replace the defect, except in the cases specified in the following paragraph, is unable to fulfil this obligation within a reasonable time, having regard to the nature of the goods and their intended use for which they are intended by the person entitled, and without prejudice to the interests of the person entitled, or if the person entitled has ceased to have an interest in their repair or replacement.
Enforcement of warranty claims
Insignificant error
16.5. No withdrawal due to a minor defect.
Switching to another warranty right
16.6. The Beneficiary may convert from one of its chosen rights of accessory warranty to another, the cost of which it shall pay to the Obligor. A party is not required to pay the cost of the switch to the obligor if the reason for the switch was given by the obligor or the switch was otherwise justified.
Reporting the error
16.7. The Beneficiary shall notify the Obligor of the defect without delay after the discovery of the defect.
The limitation period for claims under the warranty
16.8. The Beneficiary's right to claim under the Subsidiary Liability shall expire one year after the date of performance. The period of limitation shall not include the part of the repair period during which the Rightholder cannot use the goods for their intended purpose.
16.9. The limitation period for the part of the item that has been replaced or repaired starts to run again. This rule shall also apply where the repair results in a new defect.
Claiming costs
16.10. The costs of fulfilling the warranty obligation shall be borne by the Obligated Party.
17. THE LEGAL CONSEQUENCES OF BREACH OF CONTRACT:
17.1. The Parties undertake to pay liquidated damages in the event of a breach of the contract for a reason for which they are responsible. The Parties shall be liable to pay liquidated damages in the event of delay or failure to perform.
Penalty for late payment:
17.2. If the Service Provider is in default of performance for a reason for which it is responsible, it shall be liable to pay a penalty for late performance. The amount of the penalty for delay shall be an amount equal to 1 (i.e. one) % of the commission fee for the task affected by the delay for each calendar day affected by the delay, but shall not exceed a maximum of 20 (i.e. twenty) % of the price quoted for the task in question. Payment of the penalty for late performance shall not release the Service Provider from its obligation to perform.
17.3. If the Claimant is in default of payment of the commission fee for a reason for which it is responsible, it shall be liable to pay a penalty for late payment. The amount of the penalty for late payment shall be an amount equal to 1 (i.e. one) % of the Commission Fee for the relevant Task for each calendar day of delay, but shall not exceed a maximum of 20 (i.e. twenty) % of the price quoted for the Task. The payment of a penalty for late payment shall not release the Purchaser from the obligation to perform.
Penalty for non-compliance:
17.4. If the subject matter of the contract is not fulfilled for a reason for which the Service Provider is responsible, the Service Provider shall be liable to pay a penalty for non-performance. The default penalty shall be an amount equal to 25 (i.e. twenty-five) % of the commission fee for the task in question. If the default penalty is enforced, the amount of the default penalty incurred and enforced shall be deducted from the amount of the default penalty.
17.5. If the subject matter of the contract is not fulfilled for a reason for which the Purchaser is responsible, the Purchaser shall be liable to pay a penalty for non-performance. The liquidated damages shall be an amount equal to 25 (i.e. twenty-five) % of the commission fee for the task in question. In the event of the enforcement of the default penalty, the amount of the default penalty incurred and enforced up to that point shall be deducted from the amount of the default penalty.
17.6. The Customer or the Service Provider shall be exempt from the obligation to pay penalties if it excuses its breach of contract.
17.7. The Claimant or the Service Provider may be exempted from liability for damages only if it proves that the breach of contract was caused by a circumstance beyond its control which could not have been foreseen at the time of the conclusion of the contract and which it could not reasonably have been expected to avoid or to prevent.
17.8. The penalty is considered as an overdue debt.
17.9. The parties agree that, in the event of the Service Provider's obligation to pay a penalty, the Customer shall be entitled to deduct the penalty due from the unpaid amount. If the penalty cannot be enforced in full in this way, the Service Provider shall be obliged to transfer the remaining part of the penalty within 30 (i.e. thirty) days on the basis of the penalty request issued by the Customer.
17.10. In the event of the Customer's obligation to pay a penalty, the Customer shall pay the penalty to the Service Provider within 30 (i.e. thirty) days of the Service Provider's notification (penalty claim).
17.11. The Parties are obliged to compensate the other Party for any damage caused by their breach of contract or non-contractual liability. The enforcement of liquidated damages shall be without prejudice to the Parties' claims for damages in excess of the amount of the liquidated damages and claims arising from the breach of contract. The claimant or the Service Provider shall be entitled to enforce them in accordance with the rules of civil law.
17.12. The Parties shall be relieved from liability for partial or total failure to fulfil their obligations under the Contract in case of force majeure. This shall include events which occur after the signing of the contract and which are of such an exceptional nature that they could not have been foreseen by the Parties and could not have been avoided by any reasonable means. These include, in particular, floods, fire, earthquakes, epidemics or other natural disasters, war, military actions and any other circumstances beyond the reasonable control of the Parties.
17.13. In the event of force majeure, the Party that becomes aware of the force majeure shall notify the other Party immediately. If a Party fails to give such notice or is late in giving such notice, the Party concerned shall be liable for any damage caused to the other Party as a result of the failure to give notice or the delay in giving such notice.
17.14. In the event of force majeure affecting either Party, the Parties shall negotiate with a view to reaching a mutual agreement on the mitigation of damages or, in the last resort, the termination of the contract with fair settlement, depending on the nature of the force majeure.
Compensation:
17.15. If one Party causes damage to the other Party by a breach of contract, it shall pay compensation. The purpose of compensation is to put the injured Party in a position as if the damage had never occurred.
17.16. The burden of proving the harmful conduct, the occurrence of the damage and the causal link between the two shall lie with the Party that suffered the damage. The Party causing the damage shall be exempt from liability for damages if the breach of contract was caused by a circumstance beyond its control, unforeseeable at the time of the conclusion of the contract, and which it could not reasonably have been expected to avoid or to prevent.
17.17. The Service Provider shall not be liable for any damages resulting from the deletion or failure to preserve information or content by the Requester.
17.18. The Service Provider shall not be liable for any damage caused to the Customer's computer equipment during registration, access, use of the software or opening of e-mails, primarily caused by computer viruses. The Service Provider shall not be liable if the software is unavailable or slow due to a cause beyond the control of the Internet Service Provider. The Service Provider shall not be liable for any damage resulting from the unlawful, unprofessional or non-contractual use of the software. The Service Provider shall not be liable for any damage resulting from the loss of personal or confidential information by the Customer, the partial or total unusability of the hardware or software, or the failure to comply with the obligations arising from this contract.
18. AMENDMENT AND TERMINATION OF THE CONTRACT
Take a break
18.1. The customer may request a suspension of the provision of the service.
18.2. The suspension of the service does not constitute termination of the contractual relationship.
18.3. The Customer shall notify the Service Provider of the request for suspension in writing by e-mail. The Customer shall submit its request at least 10 (i.e. ten) calendar days before the start date of the suspension.
18.4. The starting date of the suspension is the day following the end of the service period already paid.
18.5. During the suspension period, the Claimant is not liable to pay any fees.
18.6. During the period of suspension, you will not be able to access the service and your customer account will be deactivated.
18.7. On the day after the expiry of the suspension period, the Claimant's account will be reactivated after the payment of the fee. The monthly fee for the service will be deducted each month on the calendar day which corresponds in number to the starting date of the reactivation of the service (e.g. if the starting date of the reactivation of the service is 5 January, the monthly fee will be deducted on the 5th day of each month).
Normal termination
18.8. A contract of indefinite duration may be terminated in writing by e-mail without giving any reason, subject to a 10 (i.e. ten) days' notice period.
Extraordinary termination
18.9. The contract may be terminated by either Party with immediate effect and with justification, without any obligation to pay compensation for the damage caused, if the other Party seriously or repeatedly breaches the contract.
18.10. Extraordinary termination must be justified.
18.11. In particular, the Parties consider the following breaches to be serious:
if a circumstance arises against one of the Parties which obviously prevents performance of the contract, in particular if the Service Provider ceases to be a contractor.
if a negative entry (in particular a cancelled tax number, tax debt) is made in the data of any of the Parties,
if either Party fails to fulfil its obligations to cooperate, report or provide information within the requested timeframe, upon repeated requests by the other Party,
if either Party breaches the confidentiality agreement.
Amendment, termination of the contract
18.12. The Parties may, if necessary, amend or terminate this Agreement by mutual written agreement.
Termination of the contract
18.13. The legal, warranty, quantity and quality conditions shall remain binding on the Parties even after the termination or expiry of the framework contract.
18.14. In the event of termination or cancellation of the Contract, the Parties shall settle their accounts with each other within 30 (i.e. thirty) days of termination, including the payment of any damages due to the defaulting Party.
18.15. The Parties agree that in the event of termination or cancellation of the contract, the Customer shall ensure that its data is exported from the software. The data will be downloaded in csv files.
18.16. Termination of the Service and transfer of data:
If the Customer no longer wishes to use the Service Provider's website management service and wishes to transfer his website to another service provider or hosting company, the Service Provider will provide assistance under the following conditions: the transfer will involve 4 hours of work, the fee for which is 4 x HUF 14 500, i.e. a total of HUF 58 000. An invoice will be issued for payment of the amount, which the Customer is obliged to pay within 8 calendar days. Once the invoice has been paid, the Service Provider will provide the data and files and assist with the transition to the new service provider.
Important: The Service Provider is only obliged to export data processed by its own system, it does not process or upload data in other service provider systems.
19. COPYRIGHT, TERMS OF USE
19.1. Literary, scientific and artistic works, including written content, photos, videos published on this website, are protected by copyright.
19.2. The entire content of the website may not be copied, transmitted or distributed, in whole or in part, without the prior written permission of the Service Provider as the Operator.
19.3. The contents of this website may be published, processed or distributed only with the prior written consent of the Service Provider and with acknowledgement of the source.
19.4. Written permission can be requested using the contact details published in the masthead.
19.5. Anyone may use a link to this website, but the manner and extent of such use shall not violate any provision of this disclaimer.
19.6. In addition, it is forbidden to present the relationship with the Service Provider in a false or misleading manner, or to publish false or misleading information about the Service Provider or the services it sells.
19.7. Unauthorized or prohibited use may result in or lead to criminal, civil and civil penalties.
19.8. In case of unauthorized use - without authorization - the Service Provider will impose a penalty. The amount of the penalty shall be HUF 100,000 per copied photo, video, page and calendar day, i.e. HUF 100,000.
19.9. A notarised content certificate is provided to prove this at the expense of the unauthorised user.
19.10. A notarial certificate of contents is a public document.
19.11. The Service Provider may also claim compensation for material and/or moral damage caused by the infringement.
20. CONFIDENTIALITY
20.1. The Parties acknowledge and declare that any data that they become aware of in the course of their cooperation, if classified, will be treated confidentially and lawfully, will not be disclosed to the public and will be used only for the purposes and in the manner appropriate to the purpose of this Agreement.
20.2. The obligation of confidentiality set out in this contract extends to all data which comes to the knowledge of the other Party in connection with the assignment relationship during its existence and which the other Party has a legitimate interest in keeping confidential and which must be treated confidentially. The obligation of confidentiality shall also apply to any information about the other Party, its clients or business partners which comes to the knowledge of the other Party during the course of, but not necessarily in connection with, the agency relationship and which the other Party has a legitimate interest in keeping confidential and which it keeps confidential.
20.3. The information covered by the obligation of confidentiality may be oral, written, graphic, visual, aural, physical, computer generated, documentary or any other format.
20.4. The obligation of confidentiality shall not extend to information which was known to the other Party before the establishment of the delegation relationship, which is in the public domain, which has become public knowledge from a source outside the Party concerned or the disclosure of which is required by law.
20.5. The data, contact details, records and databases of the customers and business partners of the other Party (in particular suppliers, customers, suppliers, subcontractors, negotiating partners and their affiliated companies) are covered by the confidentiality obligation.
20.6. The Parties acknowledge that they are obliged to disclose the data to the authorities acting on the basis of statutory authority upon request, even without a separate written authorisation.
20.7. The Parties acknowledge that they may disclose to a third party any information of which they become aware and which is covered by confidentiality obligations, except in the case provided for in subsection 18.6, only with the written consent of the other Party.
20.8. The Parties undertake not to publish, reproduce, copy or distribute or use, publicly display or perform for any purpose outside the scope of the engagement any information which comes to their knowledge during or in connection with the engagement and which relates to the other Party, its clients or business partners, and which they have a legitimate interest in keeping confidential.
20.9. The Parties further undertake to return to the other Party all written and descriptive materials - plans, other specifications, documents, records, data carriers - which have been created during or in connection with the assignment relationship, or to ensure their destruction in a demonstrable manner, no later than the date of termination or expiry of the assignment relationship.
20.10. The Party responsible for the unauthorized disclosure shall bear the disadvantages resulting from the unauthorized disclosure and the costs necessary to remedy them, in addition to its other liability.
20.11. The confidentiality obligation of the Parties shall survive the termination of the legal relationship established by this Agreement without any time limitation, except where otherwise required by law. In addition to any other legal consequences, the Parties shall be liable to each other for damages for any breach of the confidentiality rules provided for in this Agreement.
21. CODE OF CONDUCT
21.1. The provider does not subscribe to a code of conduct.
22.DATA PROTECTION
22.1. The Service Provider will provide information on the processing of the Claimant's personal data in the Data Management Notice.
22.2. Claimant acknowledges that it is bound by the in the privacy notice included.
22.3. From data management information is part of the contract.
22.4. If the Claimant is itself a data controller in relation to other persons, it must ensure that it processes personal data in accordance with the provisions of the applicable legislation, in strict compliance with the provisions on data management and data protection, taking into account the principles of lawfulness, fairness and transparency, purpose limitation, data minimisation, accuracy and limited storage. It is obliged to take all technical and organisational measures to ensure that the personal data it receives are processed securely in the manner required by the General Data Protection Regulation. In other respects, it may only use data processors that offer adequate guarantees of compliance with the requirements of the General Data Protection Regulation or implement appropriate technical and organisational measures to ensure the protection of the rights of data subjects.
22.5. The Parties acknowledge that the Service Provider may obtain personal data about the Customer's customers.
22.6. The Claimant is solely responsible for compliance with the provisions set out in Clause 20.4, in particular for providing its customers with information on the processing of their personal data, obtaining the customer's explicit acceptance of the Privacy Notice and obtaining the customer's consent to the processing of personal data.
23. FINAL PROVISIONS
Applicable legislation
23.1. The parties declare that, with regard to matters not regulated in this contract, the provisions of the Civil Code on contractual obligations and other legislation applicable to their activities shall prevail.
Settlement of disputes
23.2. The Parties agree to settle any disagreement or dispute arising between them under or in connection with the Contract by direct negotiation, failing which, subject to the provisions of the Civil Code on jurisdiction, they shall submit to the exclusive jurisdiction of the District Court or Tribunal having jurisdiction and venue at the place of the Claimant's seat.
Scope of the contract
23.3. The Contract shall enter into force on the date of acceptance of the GTC by the Customer by electronic means and shall be for an indefinite period.
24. VALIDITY
24.1. These GTC shall enter into force on 22 November 2024 and shall remain in force until revoked. The Service Provider reserves the right to amend certain provisions of the GTC. The Service Provider shall inform the Customer of any amendments.
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