General Terms and Conditions
General terms and conditions for the use of Sales Innovo services.
1. Introductory provisions
These General Terms and Conditions (hereinafter "GTC") set out the conditions for the use of the services operated by the service provider defined herein (hereinafter "Service Provider") and for the customer using the services (hereinafter "Customer").
The currently valid version of the GTC is available on the Service Provider's website uzletimeoldasok.hu (hereinafter "website"). The handling of the Customer's personal data is governed by the Privacy Policy, available at the following link: https://salesinnovo.com/en/privacy-policy
The language of the contract is Hungarian. The contract is not considered a written contract; the Service Provider does not file such contracts, therefore they cannot be accessed or viewed afterwards.
The technical information necessary for the use of the services, which is not included in these GTC, is provided by the information available on the website.
A "consumer" is, for the purposes of these GTC and any contract concluded on the basis thereof, a natural person acting outside the scope of their profession, independent occupation or business activity, who purchases, orders, receives, uses or avails of a service from the Service Provider, as well as the addressee of commercial communications and offers relating to the services.
2. The Service Provider
Service Provider's name: VR Global Solutions Kft.
Registered office: 1016 Budapest, Naphegy utca 39.
Company registration number: 01-09-300024
E-mail: info@salesinnovo.com
3. Conditions for using the services, subject of the contract
3.1. Conditions for using the services
The services may be used by a natural person of legal age who has reached the age of 18 and has full capacity to act, as well as by a legal entity or an economic organization without legal personality qualifying as a Customer.
The Customer using the services and concluding the contract for them declares that, under Hungarian law, they are a person of full age with capacity to act and that, in the name of the organization they represent, they are generally authorized to make the declarations necessary to conclude a contract on their own or have the appropriate authorization to conclude a contract for the service.
3.2. Subject of the contract
The Service Provider publishes the exact content of the individual services, the technical conditions and functions for their use on its website, and reserves the right to make changes. The individual service types are as follows:
HOSTING service: A web hosting service that the Customer may use to serve websites, online applications, to store files and databases, and to operate e-mail addresses. This is only available in connection with the application(s) and functions that can be requested from the Service Provider.
DOMAIN service: Delegation and maintenance of a top-level domain or a second-level common domain subordinate to it. The service does not include domain registration, only the possibility of domain settings related to the application.
CRM service: Other services related to customer data owned by the Customer, accessible to the Customer via an administrative interface.
CMS service: A website service that helps the Customer publish text, images and other materials using built-in functions.
Marketing services: E-mail campaigns, SMS campaigns, social media campaigns, Google My Business chat management, web chat management, building complex sales funnels. The list of services is continuously expanding.
Other services: Software development, resale, graphic work, campaign management. Individual agreements apply to custom services, and the GTC is entitled to set out the conditions for the use of the software.
4. Subscription agreement
4.1. Conclusion of the subscription agreement
4.1.1. Registration, Order
The Customer may indicate their intention to conclude a subscription agreement by placing an order on the Service Provider's website, thereby simultaneously accepting the provisions of these GTC and the Privacy Policy. The order is placed together with a user registration, during which the Customer provides their username, password, name, billing and postal details, and the e-mail address they wish to use for further communication with the Service Provider (hereinafter "contact e-mail address"). The submitted order constitutes a binding offer from the Customer to use the service specified in the order under the conditions set out in the GTC and the descriptions published on the website relating to the service.
4.1.2. Confirmation
Following the electronic submission of the order, the Service Provider confirms the order without delay, but no later than within 48 hours, by sending an e-mail to the contact e-mail address provided by the Customer. The confirmation e-mail contains the Customer's portal login details, where the data provided during registration and ordering (e.g. billing information, etc.) is also available, the order identifier, the date of the order, the list and quantity of items belonging to the ordered service, the service fee, and the total amount payable. This confirmation e-mail constitutes the Service Provider's acceptance of the offer made by the Customer through the order, and the subscription agreement is thereby concluded between the Service Provider and the Customer. An inseparable part of the subscription agreement is these GTC, the Privacy Policy and the documents necessary for the performance of the service.
4.1.3. Correction, modification
If the Customer has already submitted their order to the Service Provider and notices an error in the data contained in the confirmation e-mail, they must notify the Service Provider within 1 day, in order to avoid the fulfillment of unwanted orders.
4.1.4. Subscription Agreement
An order accepted (confirmed) within the deadline qualifies as a contract concluded electronically, to which Act V of 2013 on the Civil Code and Act CVIII of 2001 on certain issues of electronic commerce services and information society services apply.
If the Customer qualifies as a consumer, the contract falls under the scope of Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses, and takes into account the provisions of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights.
The rules on the consumer's right of withdrawal from the concluded contract are set out in point 14.3.
4.1.5. Right of verification
The Service Provider is entitled to verify the Customer's data and the authority of the person representing the Customer using public databases (company registry, register of individual entrepreneurs). The Service Provider is entitled to request further documents necessary for the provision of the service from the Customer (domain application form, signature address sample, company extract, other declarations).
4.2. Scope and duration of the contract
The parties conclude the contract for an indefinite period. The start of the subscription period is the time of placing the order, regardless of whether the Customer has fulfilled their other obligations related to the service by that time.
The service is activated when the fee for the first period is paid by the Customer (credited to the Service Provider's bank account) and the Service Provider has issued the invoice for it.
Renewal date: The renewal date of the service is the last day of the paid period. There is no possibility for the Customer to suspend or pause the subscription services during the subscription period (at the Customer's request) and then continue them at a later date.
4.3. Free trial option, test period
A test period is not available, or the Service Provider may grant it upon individual request. The Service Provider reserves the right to make changes in this regard or to formulate an individual offer per customer.
Upon individual request, the trial option is available once per Customer and per service, and may be extended at the Customer's request based on the Service Provider's individual assessment and unilateral decision; the Service Provider is not obliged to justify the refusal of the extension.
During the test period, the Customer may use all or certain functions of the service; however, the Service Provider is entitled to restrict or disable certain functions during the test period, or to refuse the test period. During the test period, the Service Provider is not bound by the quality requirements otherwise undertaken for the service (e.g. availability time), response times, warranties and the related sanctions.
During the test period, the service may be terminated at any time without justification. If the Customer does not indicate, by placing an order before the expiry of the test period, that they do not wish to use the service beyond the test period, the subscription agreement automatically continues upon expiry of the test period, and the Service Provider automatically extends and creates the paid service with all its data and settings.
The Customer expressly acknowledges that the test period may be used solely with the intention of opening the application or creating a website; if an intention other than this is proven (copying intellectual property, industrial espionage, etc.), the Service Provider deletes the services with immediate effect and may claim damages from the Customer.
The Service Provider may, on the basis of an individual promotion or separate communication, provide a 30-day money-back guarantee for the first subscription period. The 30-day money-back guarantee applies exclusively to the basic software subscription fee and may only be claimed if the Customer terminates the service in writing within 30 days from the conclusion of the contract.
The money-back guarantee does not cover: a) custom services; b) services related to system implementation, onboarding, system training, consultation; c) webshop connection, integration, customization, custom development, graphic, campaign management or other separately ordered services; d) third-party fees, pass-through costs, usage-based fees; e) cases where any of the above services have been started or completed for the Customer.
If, during the money-back guarantee period, the Customer uses or orders any custom service, implementation service, onboarding, system training, integration, webshop connection, customization or other separate professional assistance, the money-back guarantee ceases, and the Customer is not entitled to reclaim either the custom service fees or the basic subscription monthly fee.
Furthermore, the money-back guarantee may not be claimed if the Customer used the service in a manner other than as intended, abusively or for an unlawful purpose, including in particular phishing, spam, deceptive, rights-infringing or activities that violate the rights and security of the system or third parties. In such cases, the Service Provider is entitled to reject the guarantee claim.
5. Service fee, invoicing
5.1. Service fee
The Service Provider provides the services on the basis of its currently valid price list, which it publishes on its website. The fees are valid in case of average use. The Service Provider is entitled to individual price calculations and price changes.
The Customer is entitled to modify the scope of the services used and the billing cycle. In case of expanding the scope of services, the Service Provider charges a pro-rata differential fee. In case of narrowing the scope of services, the Service Provider does not refund the fee paid for the remaining period.
The Service Provider may unilaterally modify the individual fees listed on the website (list) and thus the fees agreed in the contract, or the composition of services and the content of packages, with immediate but non-retroactive effect. The Service Provider notifies the Customer at the contact e-mail address at least 7 calendar days before the modification takes effect. If the Customer does not agree with the modification, they may terminate the contract in accordance with the termination rules defined herein.
Fees marked with "PROMOTION" or other indications of a discount provided by the Service Provider contain a one-time discount; accordingly, from the period following the discounted period, the normal, non-discounted fees apply. The Service Provider unilaterally decides on the duration of the discounts, the conditions for claiming them, their extent and their withdrawal.
The Service Provider reserves the right to set different service fees per country based on the Customer's registered office.
The Service Provider may charge a separate fee for the use of functions that are not part of the service. The Service Provider informs the Customer of the fees for custom services and developments and their conditions of use in an individual quote. Without a separate provision, the quote is valid for 3 months. The Customer may order the custom services and developments on the basis of the quote from their contact e-mail address, which the Service Provider fulfils in accordance with the quote. For the use of custom services and developments, the Service Provider issues an invoice or a fee request in accordance with the individual quote, which the Customer settles within 8 calendar days.
Functions requested on the basis of a separate order may in certain cases increase the monthly fees.
5.2. Invoicing
In case of ordering services and continuous use, the Service Provider issues an electronic invoice within 5 working days for the amount paid by the Customer automatically at predetermined intervals, which it sends to the Customer's contact e-mail address.
The Customer declares that they accept an electronic invoice and are responsible for printing it themselves.
6. Liability, rights, obligations
6.1. Liability
The Customer may use the services solely at their own responsibility and risk, and accepts that the Service Provider excludes its liability for pecuniary and non-pecuniary damages arising during the use to the fullest extent permitted by law. The limitation of liability does not apply to liability for breach of contract caused intentionally, or for breach of contract damaging human life, physical integrity or health.
If the Customer uses the services for the handling of buyer data, they are obliged to act in accordance with the regulations on data handling. The parties declare that any functional use and configuration related to buyer data is carried out at the Customer's request and instruction; the Service Provider only provides the functions for handling buyer data, but their use is entirely within the Customer's sphere of responsibility.
The Service Provider excludes all liability for the conduct of buyers or users of goods or services provided with the help of the services.
The Customer is obliged to ensure that, when using the services, the rights of third parties and the applicable laws are not directly or indirectly infringed by the activity carried out by the Customer in connection with the services. The Customer is fully and exclusively responsible for their own conduct; in such cases, the Service Provider fully cooperates with the authorities involved in investigating the infringements.
The Service Provider only provides technical support in establishing data connections with third parties, but their use is entirely within the Customer's sphere of responsibility.
When performing custom services at the Customer's request (e.g. creating newsletters), the Service Provider strictly provides an implementation service, but their content is entirely within the Customer's sphere of responsibility.
During the use of the services, the Service Provider is entitled but not obliged to check the content made available by the Customer or the users of the Customer's services, and is entitled but not obliged to look for signs of illegal activity in the published content.
The pages of the services may contain links (connections) leading to the pages of other service providers. The Service Provider assumes no responsibility for the data protection practices and other activities of these third-party service providers.
Due to the global nature of the Internet and the services provided on it, the Customer accepts that they are obliged to act in compliance with the applicable laws in force when using the services, and in particular is obliged to ensure on their own that their activity carried out with the help of the services complies with consumer protection rules.
The Customer acknowledges and accepts that the Service Provider strives to continuously maintain the legal compliance of the legal documents provided for the services, but does not warrant it. Ensuring the legal compliance of the Customer's own activity at all times is the Customer's task and responsibility.
Beyond the warranties expressly undertaken by the Service Provider herein, the Service Provider is not liable for the quality of the services, their interoperability with other services, or their suitability for achieving the Customer's business or other purposes.
The Customer acknowledges that they select the services offered by the Service Provider and their functionality at their own discretion and at their own risk, in order to achieve their own business goals.
The Service Provider is solely responsible for compliance with the laws applicable to the services provided under the contract and to its own activity, in accordance with the applicable law.
6.2. Rights and obligations of the Service Provider
The Service Provider is entitled to charge a supplementary service fee or, as a last resort, to restrict or disable the services if the Customer occupies resources to a greater extent than average or if the load caused jeopardizes the continuous provision of the services.
The Service Provider uses an external supplier for the services, functions and traffic-type campaigns (SMS, e-mails) requested by the Customer, the fees of which it passes on to the Customer.
The Service Provider passes on the fees of external suppliers to the Customer on the basis of an individual calculation.
The Service Provider is entitled to apply individual prices and fees and to change prices. The Service Provider places an additional margin on the pass-through fees.
The Service Provider strives to make regular backups of the files, data and settings stored on its servers. The Customer acknowledges that, in the event of data loss for any reason, the Service Provider does not warrant the complete and up-to-date restoration of the data.
The Service Provider may unilaterally, without prior notice, at any time expand, narrow or regroup the functions of the services, modify the appearance of the interfaces, and introduce or discontinue certain services or functions.
For maintenance and customer service purposes, the Service Provider is entitled to log into the administrative interface of the services used by the Customer, to modify settings there and to carry out test processes.
In providing the service, the Service Provider, as a data processor, has access to and may become acquainted with the data handled by the Customer and the content placed by the Customer. The Service Provider processes this data exclusively for the purpose of providing the service, does not use it for its own purposes and does not disclose it to third parties.
During performance, the Service Provider may engage a subcontractor; in such a case, the Service Provider is liable for the subcontractor's performance as if it had carried out the work in its entirety itself.
6.3. Rights and obligations of the Customer
The Customer accepts the fees of the functions related to external suppliers requested and is obliged to pay them to the Service Provider in advance in addition to the determined monthly fee.
The Customer may freely use the services every day of the week, 24 hours a day, in the interest of themselves or the economic organization they represent. The Customer is obliged to comply with all regulations related to their activity.
The Customer is solely responsible for all content, data and information placed by the Customer, and for the activity carried out by the Customer and its lawfulness.
The technology and purpose of the services is to provide technical assistance and functions to the Customer. The Service Provider only and exclusively acts as a technical service provider and information storage and forwarding party between the parties.
The Customer may not transfer the order, the concluded contract or the services used under the contract to a third party, may not transfer them for use, and may not further provide them, whether free of charge or for consideration, without the express permission of the Service Provider.
The Customer is obliged to report any errors detected in the services to the Service Provider without delay.
The Customer is obliged to report changes in their data that were recorded at the time of concluding the contract, with particular regard to the contact e-mail address. The Service Provider assumes no liability for damages resulting from the failure to do so.
The Customer is entitled to create additional users for the use of the services. The Customer is obliged to choose a sufficiently complex, secure password and to keep the usernames and passwords necessary for use confidential. The Customer is solely responsible for damages resulting from unauthorized access.
The Customer may use certain functions of the service (e.g. bank card payment) only by concluding a contract with a third party.
In the case of the DOMAIN service, the Customer accepts the delegation conditions and rules communicated by the domain registry for the requested domain extensions.
For functions marked as limited in the descriptions of the services provided by the Service Provider, the Service Provider may set a numerical limit on their use.
7. Technical conditions, availability
7.1. Technical background provided by the Service Provider
The Service Provider provides the services on servers provided or mediated by it. There is no possibility to operate the services on a server background not provided or mediated by the Service Provider, except in the case of the DOMAIN service.
The Service Provider provides the services with the highest possible availability. Within the framework of availability, the Service Provider guarantees access to the hardware and software serving the services. When calculating availability, the duration of pre-announced maintenance and the duration of improper functioning of individual sub-functions are not counted as downtime.
The parties declare that, in the event of a stoppage of a mediated function or service, the Service Provider is obliged to do everything in its power to restore proper operation.
If the Service Provider does not meet the undertaken availability level, the Customer may not assert a claim for fee reduction or further damages or cost reimbursement.
The Service Provider may move the Customer's services between the serving servers, depending on their utilization. The Service Provider reserves the right to change the technical parameters and bandwidth of the serving servers.
The Service Provider assumes no responsibility for the operability, interoperability and/or future integrability of external applications and services developed by third parties that work together with and/or can be integrated into the services.
7.2. Technical conditions to be provided by the Customer
To use the Service Provider's services, the Customer must have an appropriate hardware and software environment. These are: a broadband internet connection, a computer capable of running an internet browser, and an internet browser (the latest or preceding version of Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari, Microsoft Edge browsers).
If the Customer does not use one of the browsers indicated above, the Service Provider is not obliged to fix any error that may be detected, and the Service Provider assumes no liability for any damages; updating the browser is recommended as a solution to the error.
8. Data processing activities
8.1. General provisions
Pursuant to Article 28 of the General Data Protection Regulation (GDPR) of the European Union, the Customer as data controller and the Service Provider as data processor set out in this point the provisions relating to the data processing relationship. The Service Provider undertakes to carry out the data processing tasks made mandatory by the GDPR as part of its service and to fulfil the obligations applicable to the data processor.
8.2. Scope of processed data, purpose and duration of data processing
The Service Provider carries out data processing activities in respect of visitor, buyer and other user data collected within the framework of the Services. The scope of the data is determined by the Customer through the administrative settings of the Service. The Service Provider carries out the data processing activity during the term of the Subscription Agreement, until the end of the subscription period.
8.3. Assistance in exercising data subject rights
In respect of personal data, the Service Provider is obliged, free of charge, to enable the Customer to exercise data subject rights in accordance with the data protection rules in force at any given time (e.g. restriction, rectification, access, erasure, data portability, etc.), and is obliged to provide assistance to the Customer with appropriate organizational and technical measures.
8.4. Customer's right to instruct
The Service Provider acknowledges and expressly accepts that it may carry out its data handling and data processing activity under this contract only and exclusively on the basis of the Customer's instructions and this contract. The Service Provider is not entitled to dispose of the data affected by the processing independently, on its own decision.
8.5. Rights and obligations of the Service Provider
The Service Provider is obliged to assist the Customer, as data controller, in the event of a personal data breach. In the event of a personal data breach occurring at the Service Provider, it is obliged to notify the Customer of the personal data breach without delay, but no later than within 48 hours of becoming aware of it.
The Service Provider undertakes that, upon completion of the data processing service provided under the contract, or upon termination of this contract, it will delete all personal data processed by it under this contract. The Service Provider's obligation to delete does not apply to data whose storage is required by Hungarian or European Union law.
The Service Provider undertakes to maintain a record of all data handling activities carried out within its sphere of responsibility within the meaning of Article 30 of the GDPR.
The Customer grants general authorization to the Service Provider to engage sub-processors. The Service Provider is obliged to conclude a data processing agreement with the sub-processors engaged. The Service Provider is liable for the engaged sub-processor as if it carried out the sub-processing activity itself.
8.6. Confidentiality obligation
The Service Provider undertakes a confidentiality obligation towards the employees, agents, performance assistants and executive officers involved in the data processing activity, with regard to the personal data handled within the scope of the data processing activity.
8.7. Ensuring data security
The Service Provider undertakes to apply appropriate technical and organizational measures covering the full scope of its data processing activity. In the event of data loss caused by the Service Provider's fault, the Service Provider is obliged to restore the data free of charge. If the data loss occurred solely for a reason attributable to the Customer, the Service Provider may charge a fee for restoring the data.
9. Intellectual property rights
The graphic and content elements constituting the public, promotional and administrative interface of the service, as well as the source codes belonging to them, are the property of the Service Provider. Copying them in part or in whole is only possible with the written permission of the Service Provider.
Any other protected intellectual creation provided or transferred as part of the service (in particular, a patent, know-how or copyrighted work) is the property of the Service Provider or its partners, and the Customer acquires a non-exclusive right of use for them for the duration of the service contract and in exchange for the service fees.
The Customer accepts that the Service Provider may use their name and logo as a reference on its own websites, and may present the public interfaces of the services used by the Customer as an example to other Customers. The Customer may request the Service Provider to refrain from this activity.
The Service Provider reserves all rights not expressly granted.
10. Force majeure
Force majeure is any extraordinary event occurring after the conclusion of the contract that makes its performance impossible, which the contracting parties could not have foreseen, could not have averted, and which cannot be attributed to the culpable conduct of either party. Such events may include, in particular: state of emergency, strike, war, revolution, terrorist acts, natural disaster, fire, flood, epidemic, quarantine restrictions, transport embargo, etc. In the event of force majeure, both parties are released from the obligation to perform the contract, and this time is not counted towards the availability undertaken by the Service Provider.
11. Customer service
The primary mode of communication between the Service Provider and the Customer is electronic correspondence between the customer service e-mail address published on the Service Provider's website and the Customer's contact e-mail address, as well as the error reporting form available on the administrative interface.
The Service Provider also operates a telephone customer service, but in a form other than the primary modes, the Service Provider is not obliged, for identification and security reasons, to receive inquiries from the Customer or to provide information to them.
In the event of an error report, the e-mail sent by the Customer must contain all circumstances and the time of detecting the error. If the error cannot be identified or reproduced on the basis of the report, the Service Provider does not treat the inquiry as an error report.
The Service Provider registers the reports received from the Customer no later than the working day following the report. In urgent matters critically affecting normal operation, it responds within 4 hours; in other cases, within 3 working days.
If the Customer has an overdue debt, the Service Provider is entitled to suspend the customer service activity provided to the Customer.
If the Customer reports an error that they caused themselves through improper use of the services, the Service Provider may charge an additional fee for its resolution. If the Customer reports a presumed error that does not exist, the Service Provider may charge an additional fee for its investigation.
12. Handling consumer complaints
12.1. Place, time and manner of complaint handling
The following provisions apply only to a Customer qualifying as a consumer.
The Customer may submit consumer complaints regarding the product or the Service Provider's activity through the Service Provider's contact details.
The Service Provider shall remedy a verbal complaint immediately, if possible. If there is no possibility for immediate remedy of the verbal complaint, due to the nature of the complaint or if the Customer does not agree with the handling of the complaint, the Service Provider is obliged to consider its handling.
The Service Provider shall substantively respond to a complaint received in writing within 30 days. In the event of rejection of the complaint, the Service Provider shall electronically inform the Customer of the reason for the rejection.
12.2. Other means of enforcing rights
If a consumer dispute possibly existing between the Service Provider and the Customer is not settled during negotiations with the Service Provider, the following means of enforcing rights are available to the Customer:
A. Filing a complaint with the consumer protection authority.
B. Initiating proceedings before a conciliation board may be done at the following boards:
Bács-Kiskun County Conciliation Board — Address: 6000 Kecskemét, Árpád krt. 4., Phone: (76) 501-525, (76) 501-500, Fax: (76) 501-538, E-mail: bkmkik@mail.datanet.hu
Baranya County Conciliation Board — Address: 7625 Pécs, Majorossy Imre u. 36., Phone: (72) 507-154, Fax: (72) 507-152, E-mail: bekelteto@pbkik.hu
Békés County Conciliation Board — Address: 5601 Békéscsaba, Penza ltp. 5., Phone: (66) 324-976, 446-354, 451-775, Fax: (66) 324-976, E-mail: bmkik@bmkik.hu
Borsod-Abaúj-Zemplén County Conciliation Board — Address: 3525 Miskolc, Szentpáli u. 1., Phone: (46) 501-091, 501-870, Fax: (46) 501-099, E-mail: kalna.zsuzsa@bokik.hu
Budapest Conciliation Board — Address: 1016 Budapest, Krisztina krt. 99., Phone: (1) 488-2131, Fax: (1) 488-2186, E-mail: bekelteto.testulet@bkik.hu
Csongrád County Conciliation Board — Address: 8000 Székesfehérvár, Hosszúsétatér 4-6., Phone: (22) 510-310, Fax: (22) 510-312, E-mail: fmkik@fmkik.hu
Győr-Moson-Sopron County Conciliation Board — Address: 9021 Győr, Szent István út 10/a., Phone: (96) 520-202; 520-217, Fax: (96) 520-218, E-mail: bekeltetotestulet@gymskik.hu
Hajdú-Bihar County Conciliation Board — Address: 4025 Debrecen, Petőfi tér 10., Phone: (52) 500-749, Fax: (52) 500-720, E-mail: info@hbkik.hu
Heves County Conciliation Board — Address: 3300 Eger, Faiskola út 15., Mailing address: 3301 Eger, Pf. 440., Phone: (36) 416-660/105 ext., Fax: (36) 323-615, E-mail: tunde@hkik.hu
Jász-Nagykun-Szolnok County Conciliation Board — Address: 5000 Szolnok, Verseghy park 8., Phone: (56) 510-610, Fax: (56) 370-005, E-mail: kamara@jnszmkik.hu
Komárom-Esztergom County Conciliation Board — Address: 2800 Tatabánya, Fő tér 36., Phone: (34) 513-010, Fax: (34) 316-259, E-mail: kemkik@kemkik.hu
Nógrád County Conciliation Board — Address: 3100 Salgótarján, Alkotmány út 9/a, Phone: (32) 520-860, Fax: (32) 520-862, E-mail: nkik@nkik.hu
Pest County Conciliation Board — Address: 1119 Budapest, Etele út 59-61. 2nd floor 240., Phone: (1) 269-0703, Fax: (1) 269-0703, E-mail: pmbekelteto@pmkis.hu
Somogy County Conciliation Board — Address: 7400 Kaposvár, Anna utca 6., Phone: (82) 501-000, Fax: (82) 501-046, E-mail: skik@skik.hu
Szabolcs-Szatmár-Bereg County Conciliation Board — Address: 4400 Nyíregyháza, Széchenyi u. 2., Phone: (42) 311-544, (42) 420-180, Fax: (42) 311-750, E-mail: bekelteto@szabkam.hu
Tolna County Conciliation Board — Address: 7100 Szekszárd, Arany J. u. 23-25., Phone: (74) 411-661, Fax: (74) 411-456, E-mail: kamara@tmkik.hu
Vas County Conciliation Board — Address: 9700 Szombathely, Honvéd tér 2., Phone: (94) 312-356, Fax: (94) 316-936, E-mail: pergel.bea@vmkik.hu
Veszprém County Conciliation Board — Address: 8200 Veszprém, Radnóti tér 1., Phone: (88) 429-008, or (88) 814-111 (VKIK), Fax: (88) 412-150 (VKIK fax), E-mail: info@bekeltetesveszprem.hu
Zala County Conciliation Board — Address: 8900 Zalaegerszeg, Petőfi utca 24., Phone: (92) 550-513, Fax: (92) 550-525, E-mail: zmbekelteto@zmkik.hu
C. Initiating court proceedings.
13. Partner program
The Service Provider provides the opportunity for registered users to recommend its services to third parties (hereinafter "Partner Program"). Companies, individual entrepreneurs and private individuals may participate in the Partner Program (hereinafter "Partner"). Unless the parties expressly agree otherwise in writing, participation in the Partner Program is in all cases established for an indefinite period.
The Partner declares that they have a website suitable for displaying advertisements or a customer base to which they can recommend the services. Customers mediated by the Partner are identified by the Service Provider by means of a referral code. Customer mediation in any other way falls outside the scope of the Partner Program and the conditions of the Partner Program do not apply to it. The Partner is not entitled to conclude a subscription agreement with the mediated customer.
Following the first order of the mediated customer, the Partner is entitled to a defined one-time business acquisition commission from the net total of the invoices paid within a defined period. The initial commission rate is 10%, and the initial commission payment period is 45 days. The Partner may obtain information on the current commission rate and the current length of the commission payment period on the Partner Program's internal interface.
The parties agree that if the mediated Customer concludes a contract with the Service Provider following the Partner's participation in the Partner Program, the (former) Partner is not entitled to a commission.
The commission may be used to settle fees related to the Service Provider's services, i.e. it may be converted into a fee discount.
Given that the commission is a one-time commission and is due to the Partner immediately following the conclusion of the contract with the mediated customer, the parties declare that the compensation under Section 6:298 of the Civil Code does not entitle the Partner upon the termination of their participation in the Partner Program.
The Partner declares that they will not display referral advertisements on a website with unlawful content, pornographic content, content offensive to public taste or good morals, content offensive to certain ethnic, religious, national, political or other groups, content prejudicial to the Service Provider's rights or legitimate interests, technically malfunctioning or content-free or non-functional websites, websites containing viruses, spyware or other unwanted software, or websites supporting illegal activity. The Partner declares that they will make the referral code available to prospective Customers only in a manner that is not unlawful and does not prejudice the legitimate interests of the Service Provider.
If the ground for exclusion arises after the establishment of the contractual relationship or the Service Provider becomes aware of it, it is entitled to exclude the Partner from the Partner Program with immediate effect following the occurrence of the ground or upon becoming aware of it, and to withdraw the payment of the accrued commission and the right to use it. For the purpose of enforcing this, it is entitled to inspect and examine the Partner's website at any time.
14. Termination of contract, restriction of services
14.1. Termination by the Customer
If the Customer wishes to discontinue the use of the service, they may terminate it without justification, effective on the last day of the fee payment period. There is a possibility for the Customer to terminate the service with immediate effect without separate justification. In the latter case, the remaining pro-rata fee is not refunded, and the Customer may not claim it.
If the performance of the service fails for a reason other than the Service Provider's fault, the Service Provider proceeds in accordance with immediate termination.
The Customer may exercise extraordinary termination if the Service Provider increases the subscription fee in a case or for a reason other than the unilateral fee increase cases defined herein, or unlawfully restricts, deletes the service, or reduces the functions of the services to the Customer's disadvantage. In this case, the Customer may reclaim the already paid pro-rata subscription fee remaining until the renewal date.
The Customer may notify the termination at the customer service e-mail address or on the administrative interface provided by the Service Provider for this purpose.
14.2. Termination and restriction by the Service Provider
14.2.1. Restriction: In the event of the Customer's breach of contract, the Service Provider is entitled to restrict the operation of any service used by the Customer simultaneously with a prior notice sent to the Customer's contact e-mail address. The notice must state the reason for the restriction and the grace period that the Service Provider provides to the Customer to remedy the breach. If the grace period specified in the notice expires without result, the Service Provider is entitled to terminate the contract with immediate effect.
14.2.2. Immediate termination: The Service Provider is entitled to terminate the services with immediate effect in particular (but not exclusively) in the following cases: payment delay exceeding 7 days (in the case of rules on domain extensions, payment delay of 1 day); display of a product or service contrary to law; display of non-real company data; pending criminal proceedings or mass complaints; violent, racist, inciting, public-taste-offending content; deceptive, manipulative content; hacking of hosting or illegal activity; sending of mass unsolicited e-mails (SPAM); activity endangering the operability of the servers; content damaging the good reputation of the Service Provider; advertising of a competing product; force majeure exceeding 60 days.
If the Service Provider deletes the Customer's service for the above reasons, the Customer is not entitled to damages or refund of the subscription fee, and may not claim the service and the data stored in connection with the service from the Service Provider.
14.2.3. Ordinary termination: The Service Provider is entitled to terminate the contract with effect from the renewal date in particular in the following cases: if the service causes an economic disadvantage; if the Customer's needs cannot be met; if there is an irreconcilable position on professional issues. The Service Provider sends the notice of restriction and termination to the Customer's contact e-mail address.
14.3. Termination by the consumer
In the case of a contract for the provision of a service, the consumer is entitled to withdraw from the contract without justification within fourteen days from the day of concluding the contract.
However, the consumer is not entitled to the right of withdrawal if the Service Provider began performance with the consumer's express prior consent before the expiry of the 14-day termination period.
If the consumer does not consent to the Service Provider providing the Service to them before the expiry of the 14 days, the consumer is entitled to the right of termination. The consumer exercises their right of termination within the deadline if they send their declaration to the Service Provider before the expiry of the deadline.
If the consumer exercises their right of withdrawal, the Service Provider shall refund all consideration performed by the consumer without delay, but no later than within 14 days from receipt of the consumer's declaration of withdrawal.
If the consumer consented to the Service Provider beginning the provision of the Service to them before the expiry of the 14 days and nevertheless wishes to exercise their right of withdrawal after the start of performance, the consumer is obliged to pay a proportionate fee. This proportionate fee is deducted from the fee paid by the consumer.
14.4. Consequences of termination
Upon termination or restriction of the contract, the services immediately become unavailable. Following termination, the Service Provider is entitled to delete the Customer's data, the content of the service and information.
The Customer is obliged to back up all data important to them prior to termination. The Service Provider assumes no liability for the failure to do so.
Upon deletion of the services, the Service Provider may archive the content of the services. The Customer may request the reversal of the deletion of the services; however, the Service Provider does not guarantee its feasibility. The Service Provider is entitled to charge a fee for the reversal or the release of data.
14.5. Modification of the contract
The Service Provider reserves the right to unilaterally modify the GTC with non-retroactive effect.
The Service Provider also reserves the right to unilaterally modify the contract concluded on the basis of the order in the case of applicable fees or if it determines the modification of the services or the expansion or reduction of functions. If the modification affects a matter that the parties have not regulated in the GTC, the Customer may terminate the contract on the day the modification takes effect if they do not agree with the modification.
The Service Provider notifies the Customers of the modifications at least 14 days in advance by a message sent to the contact e-mail address.
14.6. Change of the contracting Customer
The Customer may indicate their request to change the contracting person to the Service Provider on the administrative interface or from their contact e-mail address. The Service Provider proceeds in accordance with the immediate termination set out in paragraph 14.1, and in the case of the new Customer, a new contract is concluded in accordance with paragraph 4.1. The services and the data, settings and content recorded in them do not change.
15. Other fees
The individual packages include a predefined data usage fee. Depending on the chosen package, the Service Provider makes gross 10 / 25 / 100 dollars available in the Customer's account every month, which may be used for any data services ("Balance").
The groups of data services and their fees are as follows (the fees are to be understood in gross dollars and include 27% VAT):
Calls (through the system): Call initiation: 0.0252/min, Call reception: 0.0153/min
E-mails: Sending: 0.0012/e-mail (newsletter or personal e-mail)
Premium Triggers & Actions: 0.018/workflow premium action
E-mail verification service: 0.0045/e-mail verification
Content AI: 0.162/1000 words and 0.108/image
Workflow AI: 0.054/GPT 4 and 4o "execution" and 0.027/GPT 3.5 "execution"
Conversation and Voice AI: 0.036/sent message and 0.234/1 minute of conversation
WhatsApp conversations: 0.1332/WhatsApp conversation (1 conversation open for 24 hours/customer)
Reviews AI: 0.144/review response
Domain purchase/renewal: 18/domain
Funnel AI: 1.782/funnelAI
The Customer may find their expenses related to the data services for a given month and their available coverage (Balance) on the Settings/Billing page.
In the event of exceeding the data volume included in the package, the above fees are automatically deducted from the bank card used at registration by automatically reloading the "Balance". The automatic reload of the "Balance" takes place in minimum gross 10 dollar increments, but the amount may be freely modified on the Settings/Billing page.
In the case of AI services, an unlimited AI service is available in addition to the default software monthly fees, for a net 297 USD + VAT/month fee. In this case, the data usage fee due for AI services is not charged. If the AI phone, voice-based and/or SMS is used, the data usage fees associated with the calls and/or SMS are charged.
The individual data services are available by default in the created accounts. By registering, the Customer automatically accepts the data usage fees and uses the system with awareness of them.
16. Other provisions
By ordering the Service (Customer registration), the Customer declares that they handle and use the customer data sent and received by them in compliance with the current GDPR and the data usage regulations in force in Hungary.
The Service Provider cannot be held liable in any form for misuse of the data, since it only provides the tool and acts on the Customer's instruction.
The parties are mutually obliged to inform each other without delay of any circumstance arising after the conclusion of the contract that prevents the performance of the contract.
The contracting parties agree to settle any possible disputes amicably through direct negotiations. If the disputed issues related to domain delegation cannot be settled, they submit to the decision of the Alternative Dispute Resolution Forum.
If the Customer qualifies as a business under the Civil Code, the parties submit to the exclusive jurisdiction of the court with jurisdiction over the registered office of the Service Provider for any legal dispute between them. If the Customer qualifies as a consumer, the general jurisdiction rules apply.
If there is a discrepancy or contradiction between these contractual conditions and a possibly separately concluded individual service contract on a given topic, the provisions of the individual service contracts prevail.
For matters not regulated in these GTC, the provisions of the Civil Code apply.
Drawn up: Budapest, 2022.08.12. Entry into force: 2022.08.12.