General Terms and Conditions

The general terms and conditions shall hereinafter be referred to as the GENERAL TERMS AND CONDITIONS, or, where they alone govern the relationship between the PARTIES, as the CONTRACT.

SERVICE PROVIDER’s details:

• Name: CSB IT Hosting & Consulting BT.
• Registered office: 9985 Felsőszölnök, Hármashatár út 33.
• Email address: info@awh.hu
• Website: csb-it.hu
• Website: awh.hu
• Tax number: 27834866-2-18

Scope of the contract

The SERVICE PROVIDER provides IT services. The GENERAL TERMS AND CONDITIONS set out the conditions for using the following service, as specified on the www.awh.hu and portal.awh.hu websites operated by the SERVICE PROVIDER (hereinafter the WEBSITE) and in the Individual Service Agreement concluded for ordering the SERVICE (hereinafter the Individual Service Agreement or the contract):

virtual server hosting / web hosting / email hosting / domain registration

They also lay down the rules for using the WEBSITE and on unacceptable user activities.

When ordering a SERVICE: the GENERAL TERMS AND CONDITIONS form an integral part of the Individual Service Agreement and, together with the details of the Individual Service Agreement (order form), set out the obligations, in relation to the use of the SERVICE, of the SERVICE PROVIDER and of the CUSTOMER as the party using the SERVICE (hereinafter the CUSTOMER) (hereinafter collectively the PARTIES, or individually a PARTY).

In relation to the use of the WEBSITE and registration on the WEBSITE: these GENERAL TERMS AND CONDITIONS set out the obligations of the PARTIES regarding the use of and registration on the WEBSITE.

Subject matter of the service

When ordering a SERVICE: the SERVICE PROVIDER undertakes to provide the CUSTOMER with the service specified and available on the WEBSITE or, in the case of an offline order, as set out in the SERVICE PROVIDER’s Individual Service Agreement (order form), which the CUSTOMER has selected, for which the CUSTOMER is obliged to pay the fee indicated by the SERVICE PROVIDER on the WEBSITE alongside the service or in the Individual Service Agreement (Fee Schedule).

In relation to the use of the WEBSITE and registration on the WEBSITE: the SERVICE PROVIDER undertakes to enable the CUSTOMER to browse and register, and to provide a USER ACCOUNT and access to it on the WEBSITE. The services are free of charge.

Customer, user, minor user

CUSTOMER entering into a contract outside the WEBSITE: any natural person, legal person or unincorporated organisation, or sole trader who orders the SERVICE PROVIDER’s services by means other than via the WEBSITE shall be deemed a CUSTOMER. By signing the Individual Service Agreement (or by accepting it in another manner, e.g. by telephone), the CUSTOMER accepts the provisions of these GENERAL TERMS AND CONDITIONS as binding upon themselves. A prerequisite for the conclusion of the Individual Service Agreement is that the CUSTOMER provides the necessary information and makes the required declarations at the time of concluding the Individual Service Agreement.

CUSTOMER placing an order on the WEBSITE: A CUSTOMER is defined as a natural person, a legal person or an organisation without legal personality, or a sole trader, who places an order on the WEBSITE.

Special rules: anyone may place an online order on the WEBSITE who

• has provided the data required during the ordering process, and
• has made the declarations required for the order, and
• has accepted the provisions of these GENERAL TERMS AND CONDITIONS as binding upon themselves.

BROWSING USERS: The provisions of these GENERAL TERMS AND CONDITIONS also apply to users who browse the WEBSITE without registering or placing an order. By using or browsing the WEBSITE, these users automatically accept the terms of these GENERAL TERMS AND CONDITIONS.

Registered USER: it is possible to register on the WEBSITE. The provisions of these GENERAL TERMS AND CONDITIONS also apply to users who register on the WEBSITE. Users who complete registration will be provided with a USER ACCOUNT, which they may use to log in in future.

Special rules: registration on the WEBSITE is open to anyone who

• has provided the data required during registration, and
• has made the declarations required for registration, and
• has accepted the provisions of these GENERAL TERMS AND CONDITIONS as binding upon themselves.

Hereinafter, the collective term for persons meeting the above conditions shall be: the CUSTOMER.

Declarations

When the CUSTOMER orders a service, registers or downloads the WEBSITE and enters into an Individual Service Agreement with the SERVICE PROVIDER, or confirms that they accept these GENERAL TERMS AND CONDITIONS, they thereby also undertake the following obligations:

• certifies that they understand and are familiar with the language of the contract, which is Hungarian, and that they face no obstacles in using it;
• confirms that, as a prerequisite for placing an order, registering or browsing the website, they have fully familiarised themselves with the Individual Service Agreement and these GENERAL TERMS AND CONDITIONS, have understood them, with particular regard to the limitations of liability set out in Clause 17 of these GENERAL TERMS AND CONDITIONS, and accept them as binding upon themselves, shall comply with the provisions contained therein, and, on this basis, shall use the services voluntarily and of their own free will;
• confirms that the personal data provided when placing an order and using the services is valid, true, not misleading and does not infringe the personal rights of others (e.g. they do not place orders or use the services on behalf of another person without authorisation);
• declares that, whilst using the services or the WEBSITE, they will not engage in any unlawful, breach-of-contract or unauthorised activities (including unsolicited electronic communications and unauthorised access to, or attempts to gain unauthorised access to, the SERVICE PROVIDER’s or any other IT system or device, as well as obstructing, disrupting or intentionally overloading its operation, or preventing other users from using the services provided by the SERVICE PROVIDER);
• declares that they shall not attack, weaken or damage the security of any computer or computer network, nor use another user’s access rights without authorisation;
• declares that they do not intentionally distribute computer viruses or worms, and do not threaten to distribute them;
• declares that they do not monitor or intercept data passing through the network (sniffing);
• declares that they will not make excessive (unreasonable) use of the SERVICE PROVIDER’s shared resources or abuse them;
• declares that they shall keep the usernames and passwords required to use the SERVICE confidential and shall take the necessary security measures to ensure their confidentiality;
• Unsolicited bulk emails interfere with the SERVICE and are likely to disturb other users; therefore, the CUSTOMER hereby declares that they shall not use the SERVICES for the purpose of sending, distributing or forwarding unsolicited advertising emails or other bulk emails (spam);
• declares that they shall not use the SERVICES to harass, defame or slander other USERS, or to infringe upon their human, personal or other rights, or for political activities;
• acknowledges that if they fail to provide all the data requested for the use of the SERVICE or disable certain applications, it is possible that the SERVICES will not be available to them, or will only be available to a limited extent;
• UNDERTAKES THAT, IN CONNECTION WITH THE ACTIVITIES CARRIED OUT BY THE CUSTOMER IN RELATION TO THE USE OF THE SERVICES (INCLUDING, AMONG OTHER THINGS, FAILURE TO COMPLY WITH THE DECLARATIONS IN THIS SECTION AND THE OBLIGATIONS UNDER THE CONTRACT), THE CUSTOMER SHALL FULLY COMPENSATE THE SERVICE PROVIDER FOR ALL DAMAGE CAUSED TO IT AND SHALL BE FULLY LIABLE TO THIRD PARTIES IN PLACE OF THE SERVICE PROVIDER FOR CLAIMS RELATING TO THE ACTIVITY CARRIED OUT BY the , AND ALSO IN RELATION TO THE DATA AND CONTENT PROVIDED, PLACED, SENT OR STORED BY THE CUSTOMER WHILST USING THE SERVICES, WITHOUT TIME LIMIT. FULL COMPENSATION ALSO MEANS REIMBURSEMENT OF DIRECT AND INDIRECT DAMAGES, LOSS OF PROFIT, AND PROCEDURAL AND LEGAL COSTS;
• is fully liable for the conduct of their representatives acting on their behalf;
• declares that they shall enter into a data processing agreement (link) with the SERVICE PROVIDER if they entrust the SERVICE PROVIDER with the processing of personal data within the framework of the SERVICE.

Only the order or registration of a CUSTOMER who meets the conditions set out in Clauses 2 and 3 of these GENERAL TERMS AND CONDITIONS and has accepted the provisions of the Individual Service Agreement and these GENERAL TERMS AND CONDITIONS as binding upon themselves shall be deemed valid.

Key features of the services

Key features of the services: In the case of an online order, the SERVICE PROVIDER enables the CUSTOMER, via the WEBSITE, to place an order online for the IT services displayed there. In the case of non-online orders, the CUSTOMER may specify the services they wish to order in the Individual Service Agreement (order form) and may place their order in paper form (by post).

The key features of the services are available on the WEBSITE by clicking on the name of the service and in the Individual Service Agreement relating to the service and, in the case of an offline order, in the Individual Service Agreement (order form).

Conditions of operation

WEBSITE: The SERVICE PROVIDER hereby informs the CUSTOMER that an internet connection is required to use the WEBSITE; whilst there is no minimum download speed requirement, low bandwidth may restrict the speed of the WEBSITE. It is the CUSTOMER’s responsibility to provide an internet connection; the SERVICE PROVIDER has no influence over this or its characteristics. A web browser is also required to use the WEBSITE, and it is the CUSTOMER’s responsibility to ensure that one is available. The SERVICE PROVIDER draws the CUSTOMER’s attention to the fact that the use of older web browsers may restrict access to the WEBSITE or affect its speed.

The WEBSITE is made available in Hungarian by the SERVICE PROVIDER.

Applicable technical security measures

• When processing data, the WEBSITE uses the HTTPS protocol, meaning that communication between the CUSTOMER and the server takes place via an encrypted connection
• Payment is processed via the payment service provider’s own platform; the SERVICE PROVIDER does not view, recognise or store any credit card or other details provided by the User for the purpose of payment
• The SERVICE PROVIDER only stores the TOKEN generated by the credit card payment service provider, which is required for automatic payment

The SERVICE PROVIDER, which provides the email service, shall take measures against unsolicited bulk emails, in accordance with the relevant internet guidelines.

The SERVICE PROVIDER’s relevant practice:

1. The SERVICE PROVIDER shall ensure that its email system does not allow unauthorised third parties to send emails via the system (relay).
2. The SERVICE PROVIDER shall ensure that every message generated within its own network can be traced back to its source; it shall also ensure that the indirect source of messages arriving from other networks can be identified.
3. The SERVICE PROVIDER shall ensure that every message generated within its own network can be attributed to a specific CUSTOMER or system.
4. The SERVICE PROVIDER shall take appropriate measures to deal with reports of misuse by the CUSTOMER.
5. If misuse is proven, the SERVICE PROVIDER shall prevent the CUSTOMER from sending any further unsolicited bulk emails.
6. The SERVICE PROVIDER shall publish the measures it applies against customers who send unsolicited bulk emails.
7. The SERVICE PROVIDER shall inform the CUSTOMER of the nature of unsolicited bulk emails and shall make it clear to the CUSTOMER that sending unsolicited bulk emails constitutes unacceptable behaviour.

Data processing

Please read carefully the Privacy Notice available on the WEBSITE or made available to the CUSTOMER in conjunction with the Individual Service Agreement regarding the processing of your personal data.

Online ordering, technical steps for concluding a contract

Order

On the WEBSITE, subscription to the SERVICE is possible by placing an order electronically. By ticking the relevant boxes, the CUSTOMER must accept these GENERAL TERMS AND CONDITIONS and the Individual Service Agreement in order to place the order, and must declare that they have read and understood the Privacy Notice. It is not possible to place an order without the CUSTOMER providing the data necessary for the fulfilment of the order, accepting these GENERAL TERMS AND CONDITIONS and the Individual Service Agreement, and having read the Privacy Notice.

Payment

The CUSTOMER may pay the fee for the ordered SERVICE in the following ways:

• Bank transfer in Hungarian forints
• SEPA credit transfer
• USD bank transfer
• Online credit card payment

The CUSTOMER shall be obliged to pay the SERVICE PROVIDER the total service fee, calculated in accordance with the pricing schedule on the basis of the issued and accepted invoice or pro forma invoice, within the payment deadline specified on the invoice or pro forma invoice.

Confirmation

The CUSTOMER will receive confirmation of the online order at the email address provided for this purpose, within a maximum of 48 hours of placing the order. If the order is incorrect, or does not originate from the CUSTOMER, or if the CUSTOMER has encountered any other issues in relation to their order, the SERVICE PROVIDER requests that the CUSTOMER notify the SERVICE PROVIDER of this immediately at info@awh.hu.

Invoice

The SERVICE PROVIDER shall issue an invoice for the order, which shall be sent electronically by email; the CUSTOMER is required to print this out. If the CUSTOMER wishes to request a separate invoice for individual items, they must place separate orders for them.

Conclusion of the contract

The contract between the CUSTOMER and the SERVICE PROVIDER regarding the SERVICE is concluded electronically when the SERVICE PROVIDER has confirmed the order to the CUSTOMER; the contract is concluded between the CUSTOMER and the SERVICE PROVIDER at the time the confirmation email is sent.

By clicking on the button indicating the order, the CUSTOMER makes an offer to the SERVICE PROVIDER, to which the CUSTOMER is bound. If the CUSTOMER does not receive confirmation of the order within 48 hours, the CUSTOMER is released from the obligation to honour the offer and is not obliged to maintain the order. In such a case, the SERVICE PROVIDER shall, within fourteen days of becoming aware of the withdrawal at the latest, refund the full amount already paid by the CUSTOMER as consideration, including any costs incurred in connection with the performance, if any.

Contract term and minimum duration of obligations

The contract between the PARTIES is concluded for an indefinite period upon placing the order, provided that the minimum duration of the contract is the duration of the service selected by the CUSTOMER when ordering the subscription.

Starting the service

By using this SERVICE, the CUSTOMER expressly requests that the SERVICE PROVIDER commence provision of this SERVICE without delay within 14 days of the date of conclusion of the contract. If the SERVICE is performed in its entirety within 14 days of the conclusion of the contract, the CUSTOMER expressly acknowledges that, as a consumer, they forfeit their right to terminate the contract without giving reasons.

Identifying and correcting data entry errors

When placing an order or entering into a contract online, the CUSTOMER has the opportunity to review their order before clicking the button to confirm the order. The SERVICE PROVIDER’s software performs a formal check for data entry errors prior to the submission of the contractual declaration, and if it finds any data on the form that is formally incorrect or missing, it will request that such data be corrected or supplemented. The CUSTOMER may correct any incorrectly entered data on the order form by amending the relevant details before clicking the button to confirm the order. Once the order has been submitted, the CUSTOMER can no longer correct any data entered incorrectly in the order, OR the CUSTOMER may correct it by sending an email to the Service Provider at the email address info@awh.hu.

Form, filing and availability of the contract in the case of online contracts

The CUSTOMER acknowledges that, in the event of an online order or the conclusion of a contract, the contract is concluded in electronic form between the CUSTOMER and the SERVICE PROVIDER, and the SERVICE PROVIDER is not obliged to send the CUSTOMER a paper copy of the contract. However, the SERVICE PROVIDER allows and recommends that the CUSTOMER download the contract onto their own data storage device or print it out whilst reading and accepting it. The CUSTOMER also acknowledges that the SERVICE PROVIDER is under no obligation to archive the contract or any other communication or transaction between the CUSTOMER and the SERVICE PROVIDER. The SERVICE PROVIDER does not file the contract concluded between the PARTIES.

Language of the contract, written form

The language of the contract is Hungarian.

The contract is a distance contract, formed by the CUSTOMER’s implied conduct, and does not qualify as a written contract.

Terms and conditions of performance, deadlines

Commencement of the service: The SERVICE PROVIDER is obliged to provide the ordered service within 5 working days of the contract coming into force, provided that, in the case of a service payable in advance, the fee for the service has been paid.

Invoicing: The SERVICE PROVIDER is entitled to invoice the CUSTOMER for the fee specified in the current price list as consideration for the services ordered. In the case of prepayment, invoicing takes place at the start of the relevant period, whilst usage-based fees are invoiced at the end of the relevant period. The CUSTOMER acknowledges that the SERVICE PROVIDER treats the various contracts between the CUSTOMER and the SERVICE PROVIDER as a single entity for the purposes of invoicing. Accordingly, the SERVICE PROVIDER maintains a single running account for invoices issued in the CUSTOMER’s name.

Availability: The SERVICE PROVIDER provides the ordered service at the annual average availability stated on the product data sheet or, if none is stated there, at 99.9% availability. The availability time is the ratio of the total annual operating time for the relevant SERVICE and the total downtime for the year, expressed as a percentage. Availability applies only to full calendar years, not to partial years.

The following do not count towards the committed availability time:

• the duration of pre-announced maintenance;
• the duration of any suspensions or restrictions imposed as a result of measures taken by the authorities or the courts, or due to statutory requirements;
• the duration of a force majeure event, such as natural disasters (earthquakes, fires, epidemics, droughts, frost damage, floods, windstorms, lightning strikes, etc.) and political or social events (e.g. war, revolution, uprising, sabotage);
• an event or act beyond the SERVICE PROVIDER’s control but not constituting force majeure: e.g. restrictions arising from an act of state authority; downtime resulting from the interruption or inadequacy of an internet connection not provided by the SERVICE PROVIDER;
• the downtime resulting from faults in programs installed and used by the CUSTOMER;

Maintenance, troubleshooting: In return for the service fee, the SERVICE PROVIDER shall continuously maintain its existing and established server network to ensure efficient availability. The SERVICE PROVIDER is obliged to rectify any faults arising on its part. The CUSTOMER is obliged to tolerate system checks and maintenance carried out to ensure the continuous and adequate provision of the service or in accordance with statutory requirements applicable to the SERVICE PROVIDER, and to facilitate fault rectification by providing the SERVICE PROVIDER with assistance as required.

Interruptions (or restrictions) may occur due to routine maintenance. The SERVICE PROVIDER shall notify the CUSTOMER in advance by email of any maintenance work involving an interruption at least 5 working days before the interruption. Each session of routine maintenance shall not exceed 6 hours, and the total duration of routine maintenance in any one month shall not exceed 24 hours. The SERVICE PROVIDER shall carry out routine maintenance work – where possible – between 22:00 and 06:00. The SERVICE PROVIDER reserves the right to modify the service’s interface, operation and method of access as part of routine maintenance, whilst ensuring that the CUSTOMER can still access their stored and sent data following such changes. The CUSTOMER acknowledges that certain older or unupdated systems may become inoperable following a change in the software version.

As part of fault resolution, the SERVICE PROVIDER shall, immediately after the fault has been recorded, commence the process of identifying the fault and shall inform the CUSTOMER of the outcome. The SERVICE PROVIDER is obliged to rectify the fault if it arose within the SERVICE PROVIDER’s sphere of influence and constitutes a genuine fault. The fault shall be rectified within a maximum of 144 hours from the time it is recorded. If the fault can only be rectified with the CUSTOMER’s cooperation, the CUSTOMER shall be obliged to cooperate with the SERVICE PROVIDER. If the rectification work or the agreement on a time within the timeframe specified in this clause, as undertaken by the SERVICE PROVIDER, is not possible for reasons beyond the SERVICE PROVIDER’s control, the timeframe specified in this clause for rectifying the fault shall be extended by the duration of the delay. If the fault investigation reveals that the fault did not arise within the SERVICE PROVIDER’s sphere of influence, the SERVICE PROVIDER shall be entitled to invoice the CUSTOMER for the cost of the investigation.

Restriction of services by the SERVICE PROVIDER: Should the CUSTOMER’s activities hinder or jeopardise the normal operations of the SERVICE PROVIDER’s other CUSTOMERS, the SERVICE PROVIDER shall be entitled to restrict the service in respect of the CUSTOMER without prior notice.

Should the SERVICE PROVIDER detect that the WEBSITE operated by the CUSTOMER, or the content placed on the hosting space rented by the CUSTOMER, is infected with a virus, it shall be entitled to compress the entire contents of the hosting space and place them in quarantine, whilst simultaneously notifying the CUSTOMER. The CUSTOMER is then obliged to take immediate action to eliminate and remove the infection. Should the CUSTOMER fail to commence the necessary measures within 7 days, and/or should the virus pose a threat to the systems, devices or applications of the SERVICE PROVIDER or of other CUSTOMERS, the SERVICE PROVIDER shall be entitled to take the necessary protective measures, with the costs of such measures being borne by the CUSTOMER. In taking these measures, the SERVICE PROVIDER shall proceed step by step and shall only be entitled to carry out deletion without making a copy as a last resort.

The SERVICE PROVIDER may also suspend or restrict the SERVICES on the basis of measures taken by authorities or courts, or of statutory requirements (including, but not limited to: a decision on making electronic data inaccessible or accessible, restriction of access or removal following a copyright notice, a ban on a service by the incident response centre, etc.).

In order to manage certain security incidents, the SERVICE PROVIDER may, on the recommendation of the incident response centre, impose bans or restrictions. The SERVICE PROVIDER is entitled to restrict the SERVICES in respect of a CUSTOMER who is in arrears with payment. Should the CUSTOMER fall into arrears on their running account, which contains the balance of fees under the contracts between the SERVICE PROVIDER and the CUSTOMER, the SERVICE PROVIDER reserves the right to restrict any of the CUSTOMER’s SERVICES. The SERVICE PROVIDER shall notify the CUSTOMER in advance of any such restriction; the extent of the restriction shall be determined by the SERVICE PROVIDER depending on and in proportion to the outstanding balance.

Any restrictions, suspensions or prohibitions (including any complete denial of physical access) shall not affect the CUSTOMER’s obligation to pay fees.

Archiving: The SERVICE PROVIDER draws the CUSTOMER’s attention to the fact that it is the CUSTOMER’s responsibility to archive data stored on their own hosting space or in their mailbox in a manner appropriate to the CUSTOMER, except where the archiving service forms an explicit part of the CUSTOMER’s order.

Agents in performance: The CUSTOMER acknowledges and gives general authorisation for the SERVICE PROVIDER to engage subcontractors or other contributors as agents in the performance of any of its contractual obligations. Where the CUSTOMER instructs the SERVICE PROVIDER to process data, the SERVICE PROVIDER shall inform the CUSTOMER in the Data Processing Agreement of the processing of personal data by such agents, and shall ensure that the CUSTOMER has the right to object in this regard.

Defective performance: If the downtime allowed by the annual availability is exceeded, the SERVICE PROVIDER shall pay the CUSTOMER a penalty for defective performance, the amount of which is the service fee divided down to one day. The SERVICE PROVIDER shall meet this penalty obligation by crediting the CUSTOMER’s account in its invoice for February of the year following the year concerned, or in the first invoice issued after 1 February.

The CUSTOMER’s obligations in relation to the services: The CUSTOMER is obliged to implement the security measures set out in the Data Processing Agreement and to maintain them throughout the entire term of the service. The CUSTOMER may only install software or applications on any of the SERVICE PROVIDER’s hosting spaces during the provision of the service if such software or applications are lawful and the CUSTOMER has been authorised to use them in the relevant form for the relevant purpose. The CUSTOMER is obliged to assist the SERVICE PROVIDER and not to obstruct the SERVICE PROVIDER in measures taken for the purposes of troubleshooting, spam filtering and regulatory compliance.

Reporting of security incidents: The SERVICE PROVIDER shall report security incidents required by law to the incident response centre and shall also comply with other obligations, such as notification requirements.

Registration: The SERVICE PROVIDER is obliged to provide the CUSTOMER with the relevant SERVICES, THAT IS, the USER ACCOUNT, without delay upon confirmation of registration.

Spam filtering, virus protection, logging: In order to ensure virus protection and an appropriate level of service, the SERVICE PROVIDER filters communications transmitted during the provision of the service and, as part of ensuring effective spam filtering, filters the data of the sender and the originator. Emails in the spam and trash folders that are more than 30 days old may be automatically deleted; these emails will no longer be accessible or recoverable in any folder of the mailbox.

The SERVICE PROVIDER shall take measures against unsolicited bulk emails. The SERVICE PROVIDER’s relevant policy:

1. The SERVICE PROVIDER shall ensure that its email system does not allow unauthorised third parties to send emails via the system (relay).
2. The SERVICE PROVIDER shall ensure that every message generated within its own network can be traced back to its source; it shall also ensure that the indirect source of messages arriving from other networks can be identified.
3. The SERVICE PROVIDER shall ensure that every message generated within its own network can be attributed to a specific CUSTOMER or system.
4. The SERVICE PROVIDER shall take appropriate measures to deal with reports of misuse by THE CUSTOMER.
5. If abuse is proven, the shall prevent the from sending further unsolicited bulk emails and, to this end, is entitled to restrict the service.
6. The SERVICE PROVIDER shall take the following measures against any CUSTOMER sending unsolicited bulk emails: suspension of the hosting service.

For billing and security purposes, the SERVICE PROVIDER regularly logs certain information relating to the CUSTOMER’s traffic. The SERVICE PROVIDER is obliged by law, upon request by a body authorised to gather secret intelligence subject to external authorisation, to hand over the content of consignments and communications transmitted using an application providing encrypted communication, and to retain the metadata generated or processed in connection with the use of such an application and hand it over upon request by such a body.

Within the scope of the SERVICES, the SERVICE PROVIDER shall provide the CUSTOMER exclusively with the storage of data, information and programs uploaded to, transmitted via, stored on or otherwise processed by the CUSTOMER on the hosting space. Under the SERVICE, the CUSTOMER is obliged to ensure the creation and uploading of the content and web pages to be placed on the hosting space provided under the SERVICE, as well as the backup of the uploaded content.

Amendment to the contract

The SERVICE PROVIDER reserves the right to amend these GENERAL TERMS AND CONDITIONS unilaterally.

The SERVICE PROVIDER is obliged to notify the CUSTOMER of any amendment at least 15 (fifteen) days before it comes into effect, by means of a notice published on the WEBSITE and – in the case of a contract not concluded online, and exclusively in this form – via the contact details provided for the purpose of performing the contract. In the case of an online contract, in order for the CUSTOMER to become aware of the amendment and to review it, they must have internet access and must check the WEBSITE regularly. The SERVICE PROVIDER undertakes to indicate the date of entry into force at the beginning of the text of these GENERAL TERMS AND CONDITIONS, whether published on the WEBSITE or sent to the CUSTOMER. The amended provisions shall apply to orders placed after they come into force and, in the case of subscriptions, from the first day of the month following the date of the amendment.

The current GENERAL TERMS AND CONDITIONS are available on the WEBSITE under the ‘General Terms and Conditions’ menu item. The CUSTOMER acknowledges and accepts that, should they continue to use the SERVICES and the WEBSITE after the terms of these GENERAL TERMS AND CONDITIONS have changed, or, in the case of a subscription, the CUSTOMER does not cancel their subscription within 14 days of receiving notification of the amendment, the SERVICE PROVIDER shall deem that the CUSTOMER has accepted the amended version of these GENERAL TERMS AND CONDITIONS.

Termination of the contract

Withdrawal or termination without giving reasons in the case of online contracts

A CUSTOMER who qualifies as a consumer is entitled, pursuant to Government Decree No. 45/2014 (II. 26.), within 14 days and without giving reasons, to terminate the Individual Service Agreement (order), if the SERVICE PROVIDER has already commenced the provision of the service, OR to withdraw from the Individual Service Agreement (order), if the contract has not yet been concluded or the SERVICE PROVIDER has not yet commenced the provision of the service. The CUSTOMER shall not be entitled to terminate the contract after the SERVICE has been performed in full, if the SERVICE PROVIDER commenced performance with the CUSTOMER’s express, prior consent, and the CUSTOMER has acknowledged that they shall lose their right of termination once the SERVICE has been performed in full. The same applies to digital content provided on a non-tangible medium, where the SERVICE PROVIDER commenced performance with the CUSTOMER’s express prior consent, and the CUSTOMER, at the same time as giving such consent, acknowledged that they would lose their right of withdrawal once performance had commenced.

Consumer: a natural person acting outside the scope of their trade, self-employment or business activity, who purchases, orders, receives, uses or avails themselves of goods or services, and who is the addressee of commercial communications or offers relating to such goods or services. The withdrawal/termination period expires 14 days after the date on which the contract was concluded.

How to exercise the right of withdrawal or termination: If the CUSTOMER wishes to exercise their right of withdrawal or termination, they may do so by sending the SERVICE PROVIDER a clear statement of their intention to withdraw or terminate, using the model statement available here, or another clear statement of withdrawal or termination. Please send the statement by post or email to the SERVICE PROVIDER’s address given at the beginning of this CONTRACT (Registered office), or to the email address given under ‘Email address’. The CUSTOMER exercises their right of withdrawal or termination in time if they send (post or email) their notice of withdrawal or termination before the expiry of the time limit specified above (even on its last day). The SERVICE PROVIDER shall immediately confirm receipt of the CUSTOMER’s notice of withdrawal or termination by email. Furthermore, prior to the conclusion of the Individual Service Agreement, the CUSTOMER is entitled to the right to withdraw the offer, which terminates the binding nature of the offer in respect of the conclusion of the contract. If the CUSTOMER withdraws from or terminates the Individual Service Agreement, the SERVICE PROVIDER shall, without delay and no later than 14 days from receipt of the CUSTOMER’s notice of withdrawal or termination, refund all consideration paid by the CUSTOMER, except for any fee charged for SERVICES already provided. For SERVICES already provided, the CUSTOMER shall pay the SERVICE PROVIDER a fee proportionate to the SERVICE provided up to the date on which the termination was communicated to the SERVICE PROVIDER. The SERVICE PROVIDER shall determine the amount payable by the CUSTOMER pro rata, on the basis of the total amount, including tax, of the consideration specified in the Individual Service Agreement, the order or the price list. When making a refund, the SERVICE PROVIDER shall use the same payment method as that used in the original transaction, unless the CUSTOMER expressly consents to the use of a different payment method; the CUSTOMER shall not incur any additional costs as a result of this method of refund.

Termination with immediate effect in the case of contracts concluded online and offline

The SERVICE PROVIDER may, with immediate effect and stating its reasons, terminate the Individual Service Agreement or, where they alone govern the relationship between the PARTIES, these GENERAL TERMS AND CONDITIONS, and may cancel or suspend the CUSTOMER’s order, in particular (but not exclusively) in the following cases:

• if the CUSTOMER breaches the provisions of these GENERAL TERMS AND CONDITIONS, the Individual Service Agreement or the Code of Conduct;
• if the CUSTOMER’s conduct gives reasonable grounds for this, is unlawful, or otherwise causes damage;
• if the CUSTOMER uses the WEBSITE and the SERVICES in a manner inconsistent with their intended purpose;
• if the CUSTOMER breaches or otherwise infringes the conditions relating to intellectual property as governed by applicable legislation or the CONTRACT;
• if the CUSTOMER has outstanding fees that are past due (exceeding the payment deadline stated on the SERVICE invoice by more than 14 days);
• if the SERVICE PROVIDER discontinues the WEBSITE or the SERVICES.

The CUSTOMER is entitled to terminate the Individual Service Agreement with immediate effect:

• in the event of a total outage of the SERVICE lasting longer than 7 days due to a reason beyond the SERVICE PROVIDER’s control, or
• in the event of defective performance lasting longer than 7 days.

Measures required by regulatory authorities, courts or legislation, and suspension due to force majeure, do not constitute reasons beyond the SERVICE PROVIDER’s control.

Termination rules for online and offline contracts

ORDERED server and email services: the CUSTOMER may terminate the Individual Service Agreement by giving the SERVICE PROVIDER unilateral, written notice without giving reasons, effective from the expiry date of the service. This section does not affect the CUSTOMER’s right, as a consumer, to withdraw from or terminate the contract without giving reasons, as detailed above. These GENERAL TERMS AND CONDITIONS shall cease to have effect upon the termination of the Individual Service Agreement (order), provided that the CUSTOMER does not make use of any other service from the SERVICE PROVIDER that falls within the scope of these GENERAL TERMS AND CONDITIONS.

The SERVICE PROVIDER shall be obliged, until the termination of the Individual Service Agreement (order), to ensure access to the data stored on the CUSTOMER’s hosting space in accordance with the Individual Service Agreement (order); however, it shall no longer be obliged to do so after termination.

Online registration: The CUSTOMER may cancel their registration on the WEBSITE at any time.

Service Provider’s Rights, Code of Conduct

The SERVICE PROVIDER reserves the right (but assumes no obligation) to verify the CUSTOMER’s identity in order to prevent misleading identification details and to ensure the proper use of content; in this regard, the SERVICE PROVIDER is entitled to restrict the CUSTOMER’s access until the verification process is completed. Any delays arising from this shall not constitute a delay in performance; rather, the deadlines undertaken by the SERVICE PROVIDER in the contract shall be automatically extended by the duration of the verification process.

The SERVICE PROVIDER reserves the right (but is under no obligation) to correct any errors that may appear on the WEBSITE.

Limitation of Liability

THE CUSTOMER USES THE WEBSITE AND THE SERVICES AT THEIR OWN RISK. THE SERVICE PROVIDER EXCLUDES ALL LIABILITY FOR THE CONDUCT OF INDIVIDUAL CUSTOMERS. THE SERVICE PROVIDER DOES NOT GUARANTEE THAT THE WEBSITE OR THE SERVICES WILL MEET THE CUSTOMER’S EXPECTATIONS.

THE SERVICE PROVIDER IS OBLIGED TO TAKE ALL REASONABLE MEASURES THAT CAN BE EXPECTED OF IT TO ENSURE THE EFFICIENCY AND CONTINUITY OF THE SERVICE, BUT FOR LOSSES OR DAMAGE (WHETHER DIRECT OR INDIRECT) CAUSED BY A FAILURE OF THE SERVICES OR BY DEFECTIVE PERFORMANCE IT SHALL BE LIABLE ONLY UP TO A MAXIMUM OF 100% OF THE SERVICE FEE. THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR DAMAGE OR LOSS CAUSED BY THE CUSTOMER’S CONDUCT. THE SERVICE PROVIDER DOES NOT VERIFY, AND ACCEPTS NO LIABILITY FOR, ANY CONSEQUENCES ARISING FROM THE FACT THAT LEGISLATION IN FORCE UNDER THE CUSTOMER’S PERSONAL LAW, PLACE OF RESIDENCE OR PLACE OF STAY, OR OTHER RELIGIOUS OR SOCIAL RULES, PROHIBIT OR RESTRICT THE USE OF THE WEBSITE, THE SERVICES OR OTHER SIMILAR SERVICES. BEYOND WHAT IS SET OUT IN THESE GENERAL TERMS AND CONDITIONS AND THE INDIVIDUAL SERVICE AGREEMENT (ORDER), THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY OUTAGE OR UNAVAILABILITY ARISING FROM CAUSES OUTSIDE ITS SPHERE OF INTEREST. THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY FAILURE OF THE INTERNET CONNECTION REQUIRED FOR THE USE OF THE WEBSITE AND THE SERVICES – AND NOT PROVIDED AS PART OF THE SERVICES – NOR FOR ANY RESTRICTIONS AFFECTING THE SERVICES OR THE USE OF THE WEBSITE ARISING FROM REGULATORY, COURT OR OTHER REASONS. the , AS AN INTERMEDIARY SERVICE PROVIDER, SHALL NOT BE LIABLE FOR ANY INFORMATION PROVIDED BY OTHERS AND TRANSMITTED, STORED OR MADE AVAILABLE THROUGH THE SERVICE.

THE SERVICE PROVIDER EXCLUDES ALL LIABILITY FOR ERRORS IN DATA ENTRY OR DISPLAY, OR FOR INCORRECTLY STATED PRICES.

THE CUSTOMER ALONE SHALL BE LIABLE FOR ANY ERRORS IN THE DATA PROVIDED BY THE CUSTOMER. THE SERVICE PROVIDER IS UNDER NO OBLIGATION TO VERIFY THE ACCURACY OF THE DATA PROVIDED BY the , AND BEARS NO LIABILITY FOR ANY CONSEQUENCES ARISING FROM INACCURATE OR INCORRECTLY PROVIDED DATA. THE CUSTOMER SHALL ANSWER FOR ANY CONSEQUENCES ARISING FROM INACCURATE OR INCORRECTLY PROVIDED DATA THAT ADVERSELY AFFECT THE SERVICE PROVIDER.

WE EXPRESSLY DRAW YOUR ATTENTION TO THE FACT THAT THE CUSTOMER IS RESPONSIBLE FOR ENSURING THAT THE CONTACT DETAILS PROVIDED BY the , TO WHICH MESSAGES AND PASSWORDS RELATING TO THE SERVICE ARE SENT, ARE CORRECT, ARE SUCH THAT MESSAGES SENT TO THEM CAN BE DELIVERED, AND THAT THE CUSTOMER CHECKS FOR, OR IS NOTIFIED OF, THE ARRIVAL OF MESSAGES SENT THERE.

THE CUSTOMER BEARS THE RISK AND RESPONSIBILITY FOR ENSURING THAT THE SECURITY MEASURES BELONGING TO THE SERVICE CHOSEN BY THE CUSTOMER ARE APPROPRIATE FOR THE PROCESSING OF PERSONAL DATA BY the , AS THE CONTROLLER OF PERSONAL DATA IN CONNECTION WITH THE SERVICES, AND PROVIDE AN APPROPRIATE LEVEL OF PROTECTION. THE PARTIES SO AGREE ON THE BASIS THAT ONLY THE CUSTOMER HAS DETAILED KNOWLEDGE OF WITHIN WHICH APPLICATION OR PROGRAM, AND EXACTLY WHICH DATA OF WHICH DATA SUBJECTS, ARE PROCESSED (TYPICALLY STORED OR TRANSMITTED) WITHIN THE SCOPE OF THE SERVICES. THIS ALSO INCLUDES THE CASE WHERE AN AUTHORITY, COURT OR LEGISLATIVE BODY DECLARES THE MEASURES BELONGING TO THE CHOSEN SERVICE TO BE INSUFFICIENT FOR THE GIVEN DATA PROCESSING.

IN THE EVENT THAT THE CUSTOMER DISABLES CERTAIN APPLICATIONS AVAILABLE FOR THE SERVICE CHOSEN BY the , OR DOES NOT USE THEM, THE CUSTOMER SHALL BE SOLELY LIABLE FOR ANY CONSEQUENCES ARISING THEREFROM.

THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR DAMAGE ARISING FROM THE CUSTOMER’S FAILURE TO PERFORM OR BREACH OF THE OBLIGATIONS SET OUT IN THESE GENERAL TERMS AND CONDITIONS, THE INDIVIDUAL SERVICE AGREEMENT (ORDER) OR THE DATA PROCESSING AGREEMENT.

THE PARTIES AGREE THAT THEY SHALL BE LIABLE FOR CLAIMS ARISING FROM THE PROCESSING OF PERSONAL DATA OR FROM INCIDENTS RELATING TO PERSONAL DATA IN ACCORDANCE WITH THE DATA PROCESSING AGREEMENT.

CORRECTING ERRORS ARISING FROM A VERSION CHANGE AND RESTORING FUNCTIONALITY IS SOLELY THE CUSTOMER’S DUTY, AND THE SERVICE PROVIDER BEARS NO LIABILITY WHATSOEVER FOR FINANCIAL OR OTHER DAMAGE CAUSED BY PROGRAMS THAT HAVE BECOME INOPERABLE IN THIS WAY. THE CUSTOMER SHALL BE SOLELY LIABLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM THE CUSTOMER’S INTERFERENCE WITH TROUBLESHOOTING OR MAINTENANCE; THE SERVICE PROVIDER SHALL NOT BE HELD LIABLE IN THIS REGARD.

IN THE EVENT OF DATA DELETION OR OTHER MEASURES TAKEN BY THE SERVICE PROVIDER TO AVOID THE RISK OF VIRUSES, THE SERVICE PROVIDER SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OR CONSEQUENCES ARISING FROM THE LOSS OF DATA, EVEN IF IT IS SUBJECT TO AN ARCHIVING OBLIGATION.

THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR DAMAGE OR CONSEQUENCES CAUSED BY SERVICE RESTRICTIONS OR SUSPENSIONS CARRIED OUT ON THE BASIS OF A COURT OR REGULATORY DECISION OR LEGISLATION, TO AVERT VIRUS RISKS, OR BECAUSE OF THE CUSTOMER’S CONDUCT. THE SERVICE PROVIDER’S LIABILITY DOES NOT EXTEND TO DAMAGE (E.G. LOSS OF REVENUE, POSSIBLE DECLINE IN TRAFFIC) ARISING FROM DISRUPTION OR DOWNTIME IN THE OPERATION OF SERVICES RUN ON THE HOSTING SPACE IT PROVIDES, CAUSED BY THE RESTRICTION OR SUSPENSION OF OPERATION.

THE CUSTOMER IS SOLELY RESPONSIBLE FOR THE LEGALITY, USE AND FUNCTIONALITY OF ANY SOFTWARE OR APPLICATIONS INSTALLED BY THE CUSTOMER DURING THE PROVISION OF THE SERVICE, EVEN IF THE SERVICE PROVIDER PROVIDES ASSISTANCE WITH THE INSTALLATION OF CERTAIN SOFTWARE.

UNTIL THE TERMINATION OF THE INDIVIDUAL SERVICE AGREEMENT (ORDER), THE SERVICE PROVIDER IS OBLIGED TO ENSURE ACCESS, IN ACCORDANCE WITH THE CONTRACT, TO THE DATA STORED ON THE CUSTOMER’S HOSTING SPACE AND TO PROVIDE THE CUSTOMER WITH THE INFRASTRUCTURE; AFTER THAT, HOWEVER, IT SHALL NOT BE LIABLE FOR ANY DAMAGE ARISING FROM THE CUSTOMER’S FAILURE TO SAVE OR MOVE THEIR DATA CONCERNED BY THE SERVICE.

THE SERVICE PROVIDER’S LIABILITY DOES NOT EXTEND TO DAMAGE CAUSED BY FIRE OR NATURAL DISASTERS, SUCH AS DAMAGE CAUSED BY FIRE, EXPLOSION, LIGHTNING STRIKE, WINDSTORM, CLOUDBURST, HAIL, FLOOD, EARTHQUAKE AND OTHER ELEMENTS, AND DAMAGE RESULTING FROM FORCED ENTRY OR VIOLENT CRIME. NOR SHALL THE SERVICE PROVIDER BE LIABLE FOR DISTURBANCES AND OVERVOLTAGE NOT PREVENTED BY UNINTERRUPTIBLE POWER SUPPLIES AND SURGE PROTECTION EQUIPMENT, OR FOR THE DAMAGE ARISING FROM THEM.

NEITHER PARTY SHALL BE LIABLE IF IT FAILS TO PERFORM, OR PERFORMS INADEQUATELY OR WITH DELAY, ITS OBLIGATIONS SET OUT IN THIS CONTRACT DUE TO WAR, CIVIL UNREST, REBELLION, FIRE, EXPLOSION, EARTHQUAKE, SEVERE ENERGY SUPPLY DISRUPTION, STATE OF EMERGENCY, STRIKE, NATIONAL DISASTER, OR THE SUSPENSION OF OPERATIONS BY ANY GOVERNMENT AUTHORITY OR ORGANISATION, FURTHERMORE, IF THE PROCUREMENT OF EQUIPMENT, DATA OR MATERIALS FROM SUPPLIERS BECOMES IMPOSSIBLE, OR IF ANY OTHER CIRCUMSTANCES BEYOND OUR CONTROL ARISE (IN SUMMARY: FORCE MAJEURE EVENTS), PROVIDED THAT SUCH FORCE MAJEURE EVENTS ARE NOT THE RESULT OF NEGLIGENCE ON THE PART OF THE PARTIES. THIS SECTION SHALL APPLY ONLY TO ACTIVITIES IN DIRECT CAUSAL CONNECTION WITH FORCE MAJEURE EVENTS, AND NOT TO THOSE IN INDIRECT CAUSAL CONNECTION.

THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL LOSSES ARISING FROM THE LOSS OF DATA.

Warranty and guarantee

Warranty for defects

As a consumer, the CUSTOMER may assert a warranty claim for defects against us in the event of defective performance by the SERVICE PROVIDER, in accordance with the rules of the Civil Code. The CUSTOMER may, at their choice, assert the following warranty claims for defects: They may request repair or replacement, unless fulfilling the claim chosen by the CUSTOMER is impossible or would entail disproportionate additional costs for the business compared to fulfilling another claim. If they did not or could not request repair or replacement, they may claim a proportionate reduction of the consideration, or the CUSTOMER may repair the defect themselves or have it repaired by someone else at the business’s expense, or – as a last resort – withdraw from the contract. They may switch from the chosen warranty right to another; however, the CUSTOMER bears the cost of switching, unless it was justified or the SERVICE PROVIDER gave cause for it. The CUSTOMER is obliged to report the defect immediately after discovering it, and no later than two months from its discovery. The SERVICE PROVIDER also draws the CUSTOMER’s attention to the fact that the CUSTOMER may no longer enforce their warranty rights for defects after the two-year limitation period from performance of the contract. The CUSTOMER may enforce their warranty claim for defects against the SERVICE PROVIDER. Within six months of performance, there are no conditions other than the notification of the defect for the CUSTOMER to enforce a claim under the warranty for defects, provided that the CUSTOMER proves that the SERVICE was provided by the SERVICE PROVIDER. However, once six months have elapsed since performance, the CUSTOMER is obliged to prove that the defect identified by the CUSTOMER already existed at the time of performance.

Product warranty

The SERVICE PROVIDER does not sell products to the CUSTOMER; therefore, the CUSTOMER may not make any claims under a product warranty against the SERVICE PROVIDER.

Guarantee

The SERVICE PROVIDER does not offer a guarantee.

Content

The CUSTOMER bears full responsibility for the content, information and data provided, displayed, stored, sent or otherwise used or made available by the CUSTOMER through the use of the WEBSITE or the SERVICES, or during the ordering process, including, but not limited to, personal data, personal messages, data and content stored or sent whilst using the service, and the consequences of any of these. The CUSTOMER using the SERVICE is responsible for the lawfulness of the data and content provided, uploaded, stored, sent or otherwise used, and for ensuring that such data and content do not infringe the rights or legitimate interests of any third party. Should the CUSTOMER breach the above obligations and the SERVICE PROVIDER suffer any loss or damage in connection with or arising from such breach, the CUSTOMER shall be obliged to indemnify the SERVICE PROVIDER against the full amount of such loss or damage, including legal costs.

The SERVICE PROVIDER, as an intermediary service provider, is under no obligation to monitor the content, information or data provided, displayed, stored, sent or otherwise used by the CUSTOMER. The SERVICE PROVIDER, as an intermediary service provider, is not liable for any content, data or information transmitted by it. Furthermore, the SERVICE PROVIDER is under no obligation to investigate any facts or activities relating to the CUSTOMER’s conduct under the Individual Service Agreement or these GENERAL TERMS AND CONDITIONS which may indicate the pursuit of unlawful activities. By accepting the Individual Service Agreement or these GENERAL TERMS AND CONDITIONS, the CUSTOMER consents to the SERVICE PROVIDER removing (or not providing access to) any content, or any reference (link) thereto, which the SERVICE PROVIDER, in its sole discretion, deems to be contrary to the CONTRACT, unlawful, infringing, unfair, threatening, defamatory, libellous, obscene or otherwise objectionable. Should the SERVICE PROVIDER delete content purchased or uploaded in return for payment in accordance with this section, it shall not be obliged to refund the corresponding amount to the CUSTOMER.
Any rightholder whose existing rights in a copyrighted work protected by copyright law, or whose exclusive rights arising from trade mark protection, are infringed by information made available by the SERVICE PROVIDER may request the SERVICE PROVIDER to remove the information containing the infringing content; the SERVICE PROVIDER shall, within 12 hours — whilst notifying the person who provided the information in writing — take steps to prevent access to the information specified in the notice or to remove the information, and indicate that the removal was carried out on the basis of a notice from the rightholder alleging an infringement. The CUSTOMER undertakes not to download, modify or upload content from the WEBSITE to any other application or website. Please note that the WEBSITE operated by us constitutes a database; therefore, the SERVICE PROVIDER’s consent is required for the copying of any content from the WEBSITE, for making such content available to the public, or for transmitting it to the public. In the event of any breach of these provisions, the SERVICE PROVIDER reserves the right to claim damages. The SERVICE PROVIDER reserves the right (but assumes no obligation) to edit the WEBSITE at its own discretion, to adapt it to its own requirements, and to upload or delete content from it.

Copyright, trade marks

In respect of the SERVICE PROVIDER’s own logos, trade marks, slogans and content published on the WEBSITE or as part of the SERVICE, and the content of messages sent by the SERVICE PROVIDER to the CUSTOMER (e.g. copyrighted works), the CUSTOMER is not entitled to any use without the SERVICE PROVIDER’s prior express written consent, unless a mandatory (non-derogable) legal provision permits the CUSTOMER to do so, e.g. in the case of copyrighted works, the cases of free use specified in Act LXXVI of 1999 on Copyright.

Customer service, complaints handling

The CUSTOMER may contact us in the following ways (before, during and after the sale):

• By post or in person: 9985 Felsőszölnök, Hármashatár út 33.
• By email: info@awh.hu
• Via the web form: https://portal.awh.hu/contact.php
• By telephone: +36 21 202 5070
• Via Facebook Messenger: https://www.facebook.com/csbitconsulting

Reporting faults: The CUSTOMER may report any faults relating to the SERVICE to us via the customer service contacts.

Complaints handling: Immediate investigation of a CUSTOMER’s oral complaint: the SERVICE PROVIDER shall investigate the oral complaint immediately and, where possible, remedy the situation. If the CUSTOMER does not agree with the handling of the complaint, or if immediate investigation of the complaint is not possible, the SERVICE PROVIDER shall, in compliance with statutory obligations, draw up a report on the complaint and its position, and shall hand over a copy of this report to the CUSTOMER on the spot (in the case of a oral complaint made by telephone or via another electronic communications service, the SERVICE PROVIDER shall send this to the CUSTOMER no later than at the same time as the substantive response). The SERVICE PROVIDER shall assign a unique identification number to any oral complaint made by telephone or via an electronic communications service.

In the event of a written complaint, the CUSTOMER shall in all cases receive confirmation that the SERVICE PROVIDER has received their complaint. The SERVICE PROVIDER shall respond in writing to the substance of any complaint received in writing and shall send its reply to the CUSTOMER within 30 days of receipt. If the SERVICE PROVIDER does not consider the complaint to be justified, it shall state its reasons and shall inform the CUSTOMER in writing of the options available for resolving the complaint, depending on the nature of the complaint. The SERVICE PROVIDER shall retain the record of the complaint and a copy of the response for a period of 5 years. CUSTOMERS who qualify as consumers may also lodge their consumer protection complaints with the staff responsible for consumer protection at the competent district office closest to their place of residence. Following the assessment of the complaint, the authority will, if necessary, conduct an administrative procedure. The Pest County Government Office acts as the second-instance authority. A list of district offices can be found at the following link: http://jarasinfo.gov.hu/ With regard to the resolution of consumer complaints, please also read the section below on conciliation boards and online dispute resolution!

Governing law and disputes

This contract is governed by Hungarian law. The PARTIES hereby exclude the application of Hungarian rules of private international law and international conventions relating to services and trade in services in respect of these General Terms and Conditions, including, but not limited to, the 1995 WTO GATS (General Agreement on Trade in Services). However, in the case of a CUSTOMER who qualifies as a consumer, the choice of law must not result in the consumer being deprived of the protection afforded by provisions from which, in the absence of a choice of law, it is not possible to derogate by agreement under the applicable law. In matters not covered by this contract, the relevant provisions of Act V of 2013 on the Civil Code and Act CVIII of 2001 on electronic commerce services shall apply.

Conciliation Board: A PARTY classified as a consumer may also refer a dispute relating to the conclusion and performance of the contract between them and the SERVICE PROVIDER to a conciliation board for resolution outside the courts. The SERVICE PROVIDER is obliged to cooperate in the conciliation board proceedings. The SERVICE PROVIDER has not made a general declaration of submission to the Conciliation Board. Further information is available here: http://www.bekeltetes.hu/index.php?id=tajekoztatas_az_eljaras_meneterol

The competent conciliation board for the company’s registered office:

Vas County Conciliation Board

• Address: 9700 Szombathely, Honvéd tér 2.
• Telephone number: (94) 312-356
• Fax number: (94) 316-936
• Chair: Dr Zoltán Kövesdi
• Email address: vmkik@vmkik.hu

Online dispute resolution

An online dispute resolution platform is also available via the link below for the resolution of consumer disputes arising from orders relating to this contract: https://www.magyarefk.hu/hu/

To initiate the procedure, the CUSTOMER must complete the online complaint form. Once the SERVICE PROVIDER has agreed that the complaint should be dealt with as part of a dispute resolution procedure, the CUSTOMER must reach an agreement with the SERVICE PROVIDER within 30 days on which dispute resolution body will be asked to investigate the complaint. Once the dispute resolution body has reached a decision on the CUSTOMER’s complaint, it will indicate this on the online dispute resolution platform and the CUSTOMER will be notified that a decision has been reached in their case.

Miscellaneous

The Individual Service Agreement (order form) (including these GENERAL TERMS AND CONDITIONS, if they alone govern the relationship between the PARTIES) constitutes the sole and entire agreement between the SERVICE PROVIDER and the CUSTOMER regarding the services (including Registration) and the use of the WEBSITE, and supersedes any previous agreement or practice, whether oral or written, between the PARTIES on this subject.

Should either PARTY fail, in whole or in part, to fulfil its obligations arising from the contract, or be in default in relation to the fulfilment of such obligations, this shall not be construed as the other PARTY waiving the right to the fulfilment of these obligations by the PARTY in default.

Should the SERVICE PROVIDER fail to exercise a right to which it is entitled under the contract, such failure shall not be deemed a waiver of that right. No custom which is widely known and regularly applied by the parties to contracts of a similar nature in the relevant sector, but which is not expressly set out in the contract, shall form part of the contract.

The CUSTOMER acknowledges and consents to the SERVICE PROVIDER transferring the contract to a third party or assigning its claims arising from the contract. Such entities are entitled to directly enforce and rely upon any provision of the contract which confers any benefit (or right) upon them.

This contract does not affect the rights to which the CUSTOMER is entitled as a consumer, nor those which the CUSTOMER or the SERVICE PROVIDER may not alter by contract, nor those which the CUSTOMER may not waive by contract.

None of the provisions of this contract entitles the CUSTOMER to use the SERVICE PROVIDER’s trade name, trade marks, designations, emblems, logos, domain names or other distinguishing marks, unless and to the extent that a written agreement between the CUSTOMER and the SERVICE PROVIDER permits this.

Should the legislation in force in the CUSTOMER’s country impose rules on the PARTIES that are stricter than the provisions of the contract and do not permit any deviation in relation to the use of the SERVICES and the WEBSITE, the CUSTOMER undertakes to comply with such rules, however, the CUSTOMER also acknowledges that the SERVICE PROVIDER’s liability is governed by the legislation applicable to the contract, and that the SERVICE PROVIDER excludes its liability to the fullest extent permitted by the relevant legislation for any failure to comply with the provisions applicable in the CUSTOMER’s country.

Should any specific part of the contract be invalidated on the basis of a relevant mandatory statutory provision or a final court ruling, this shall not affect the validity of the contract as a whole, and the provisions of the contract not affected by the invalidity shall remain in force unchanged – the invalid part shall be replaced by a valid provision with content as similar as possible.

The Parties agree that written statements under this contract may also be made by email or by notification via the USER ACCOUNT; in such cases, they shall be deemed to have been delivered 24 hours after dispatch.