2. SERVICE PROVIDER’S DATA
Service Provider’s name: Precognox Kft.
Seat: 7400 Kaposvár, Fő utca 65.
Tax No.: 14257315-2-14
Company reg. No.: 14-09-311101
Bank account number: CIB 10702198-47380400-51100005
Customer service contact and availability
TAS System: an on-line internet-based system established primarily for facilitating the processing and management of text and other data
Service: software service hosted in the TAS System
Service Provider: Precognox Kft.
User: a person who signs an individual contract with the Service Provider
General Terms and Conditions (GTC): these general terms and conditions
4. SUBJECT OF CONTRACT
The subject of the Contract is the TAS System and the User’s right to use the Services hosted in the TAS System. The TAS System and the Services hosted in it – depending on their nature – may be accessed from a user interface and/or from a programmer interface (API).
The TAS System offers authenticated entry for the Users. The TAS System gives access to certain Services after log-in only.
To the data managed by the Services, the TAS System provides authorised and exclusive access.
The authorisations related to the Services may be managed by the Service Provider’s administrator and the User.
5. CONCLUSION, SCOPE, TERMINATION AND AMENDMENT OF CONTRACT
The subscription contract is concluded by signing an individual agreement, which includes these General Terms and Conditions, too.
The Service Provider reserves the right to reject any order for the conclusion of a subscription contract.
The subscription contract is made for an indefinite period of time.
The subscription contract may be terminated by either party without giving any reasons, as of the end of the month following the actual month. In case of termination, the subscription contract ceases to exist at 24.00 on the last day of the month following the actual month. If the contract is terminated by the Service Provider, the Service Provider makes the Service inaccessible within 5 working days of the termination of the contract.
The subscription contract is terminated if the Service Provider ceases to exist without a legal predecessor, and in the case of legal entities or subscribers that are organisations without legal entity, if the subscriber is terminated without legal entity, while in the case of natural persons, termination is triggered by the person’s death.
When signing the contract with the Service Provider, the User shall supply true data, and shall immediately report any changes in its data to the Service Provider, within 15 days of the change in the data at the latest. If the User violates this obligation, the Service Provider is entitled to terminate the contract with the User with immediate effect.
The User accepts the fact that it is entitled to use a particular Service only if it accepted these general terms and conditions as binding on it.
The Service Provider reserves the right to unilaterally amend the present GTC.
The Service Provider shall publish the GTC with all the amendments free of charge on the https://tas.precognox.com/public website on an apparent place, on the opening page of the site, or at a place that can be directly accessed from the opening page, in a way that it could be stored, displayed and printed. The modification comes into force on the day following the publication, and the modification shall be applied to contracts signed both before and after the coming into force of the modification.
If the User does not raise any objections in writing against the GTC modification within 8 days of its publication or the notice about it (whichever is later) to the Service Provider, that shall be considered as implied conduct, and thus the acceptance of the GTC modification by the User.
For a given Service extended by the TAS System, the Service Provider charges a monthly fee calculated on the basis of the nature of the Service and signs an individual agreement with the User.
The monthly fee shall be paid against an invoice, with bank transfer to the bank account number specified in the “Service Provider’s data” section of the GTC.
The Services of the TAS System are carried out by the infrastructure provided and operated by the Service Provider.
The User understands that because of the nature of the internet, the continuous operation of the TAS System may get interrupted without the Service Provider’s knowledge or intention. Accordingly, the Service Provider does not guarantee the error-free and uninterrupted operation of the Service that can be accessed in the TAS System and the related website.
The Service Provider continuously monitors the TAS System and makes every effort to maintain its continuous operation, and the Users may report possibly detected problems at the contact details provided under “Customer Service” in the TAS System.
Present server provider: Hetzner Online GmbH
Server provider Terms and Conditions, data privacy: https://www.hetzner.de/es/hosting/legal/agb
The Service Provider has free disposition over the infrastructure that belongs to the TAS System. The Service Provider reserves the right to transfer some or all of the infrastructure belonging to the TAS System to another server provider, for data security, performance, reliability or other unforeseen reasons.
The Service Provider stores data in the area of the European Union only and signs a contract for the storage and servicing of data only with server providers that apply the data protection and information technology policies of the European Union.
For the purpose of maintenance works on Services available in the TAS System or on the related website, or for other security reasons, the Service Provider is entitled to suspend some or all of the services available in the TAS System. The Service Provider shall inform the User on any event that might restrict the availability of the TAS System as soon as possible, in advance. If the TAS System is partly or fully suspended, and that affects the User, the User is not obliged to pay the fee.
The correction of the error reported about the TAS System shall be started by the Service Provider at the latest within 2 hours of reporting.
The Service Provider reserves the right to amend the TAS System and the Services available in it in any way. If the amendments affect the already existing subscription contracts, too, and the amendments bring a negative change in the quality or quantity of the Service for the User compared to the original Service, the Service Provider shall inform the User about this. The User is entitled to terminate the subscription contract with immediate effect within 15 days of the receipt of the notice on the amendment.
The Service Provider provides the User with the non-exclusive use of the TAS System, for the term of the subscription period covered with the fee payment, in any way allowed by the TAS System according to the contents of the individual contract signed with the User. The User is not entitled to use the TAS System in a way other than defined above.
The User may use the TAS System for the completion of its own tasks, within its own organisational frames, and may not allow third persons to use the system. From the aspect of the use of the TAS System, persons employed or contracted for work by the User do not qualify as third persons.
The permit to use does not include the disclosure of the TAS System to the public, its exhibition, copying, distribution, multiplication, re-working, processing, translation, any other modification of the software – including the correction of an error – and the multiplication of their results. The User is not entitled to carry out an examination that exceeds the proper use of the TAS System and discloses its internal structure, and may not reverse it, reverse engineer it, produce a source code from it or use it in a way that violates other people’s rights.
The TAS System is protected by Hungarian legal regulations and international contracts related to intellectual property, and the violation of the provisions of these by the User qualifies as a serious breach of the contract, in which case the Service Provider is entitled to immediately terminate the subscription contract.
8. LIMITATION OF LIABILITY
The Service Provider excludes it liability for any damage originating from incorrect, faulty or fake data or e-mail addresses provided at the time of concluding the contract. The Service Provider is entitled to delete obviously incorrect or fake data.
The User bears full responsibility for the activities initiated with the user name and password pair belonging to the user’s profile or with user names or e-mail addresses provided by an external Service Provider. The Service Provider shall not be held responsible for any damage originating from the storage of the password or the transfer of the user name and the password to third persons.
The Service Provider shall not be responsible for any abuse or damage caused by the User related to the access rights provided to the Service.
The Service Provider shall not be responsible for data theft from the External Service Provider and from related unauthorised use of data in the TAS System.
The Service Provider excludes its responsibility for any damage that originates from the incorrect, unprofessional, non-contractual or illegal use of the Service.
In the case of damages suffered by the User, for which the Service Provider is responsible, the Service Provider limits the upper limit of the damage paid to the monthly fee to be paid in the legal relationship between the parties.
9. MISCELLANEOUS PROVISIONS
Any statement related to the subscription contract – unless provided otherwise by these GTC – shall be valid in writing only. A written statement can be a paper-based document, a facsimile message and an electronic mail that asks for a confirmation of the receipt.
Statements come into force on their arrival at the other party. If the recipient of the statement refuses to take over the statement, or the delivery is not successful for any reason within the recipient’s interest sphere, the statement shall be considered received on the 10th working day following the day of sending.
For any disputes possibly originating from the subscription contract or the present GTC, the parties specify the jurisdiction of the District Court of Kaposvár and the Court of Kaposvár.
The subscription contract between the parties and the relationship originating from the present GTC shall be governed by the legal regulations of Hungary.