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General contract terms and conditions
1.1. Service: Cloud based online scheduling system capable of being embedded in the booked4.us service (hereinafter “Service”) website.
1.2. Service Provider: The Service is provided by booked4.us Kft. (hereinafter “Service Provider”)
Data: Name: booked4.us Kft.
Seat: H-2600 Vác, Zichy H. utca 12.
Company representative: Balogh Péter
Company registration number: 13-09-198371
VAT number: HU26668901
Financial institution holding account: Erste Bank (GIBAHUHB)
Bank account number: HU54116000060000000084765802
Phone: +36 1 998 9123
1.3. User: Any person using the Service following her or his registration, identified or (directly or indirectly) identifiable based on personal data.
1.4. Contracting Parties, Partie: Common term used for User and Service Provider.
1.5. Account: The user account created by the User during the registration (hereinafter: Account), containing the data provided by the User.
1.6. Service package: Subscriber service packages published on the website of booked4.us (hereinafter: Service package), with various contents and conditions. The User subscribes for these Service packages. The User has the right to switch Service packages during the Service.
1.7. User interface : The parts of operational system, software and computer under the control of the User, which are used for the communication with the User and enable the operation of the software or the hardware.
1.8. Period of service: The financially settled subscription period during which the Service Provider provides the Service package. The service period always lasts until the last day of the calendar month. The user can choose from these durations: month/ quarter year/ half year / year.
2.1. The User can use the Service following the registration. The User is required during the registration to provide her/his email address and password. The email address and the password provided during the registration are the login data of the User.
2.2. Anyone registering in the name of a legal person on the booked4.us website is responsible to ensure that she/he has the right to register in the name of the legal person, Service Provider does not verify the existence of this right. The natural person registrant in the name of the legal person has to give its consent with a separate statement to control its personal data. In the absence of the consent statement, the registration is not possible.
2.3. The User is responsible to ensure that all the data, provided during the registration, are accurate, correct and complete, the Service Provider is not liable if the data provided by the User are inaccurate, incorrect or incomplete. The User is required to add any change of her/his data in the booked4.us system within 15 days from the change. Damages caused by the breach of this obligation fall within the sole responsibility of the User. The Service Provider is not liable for such damages.
2.4. The Service Provider reserves its right to cancel the registration of Users, who, in the view of the Service Provider, abuse the name, picture, email address or other personal data or right of others, such as if the User name is legally protected, offends the interest of others, includes obscene words or phrases, racist, offensive based on religion, nationality, ethnicity, sexual orientation, defamatory, or serves covertly or openly an advertising function.
2.5. If the User is aware that others might have gained access illegally to the password provided during the registration, User is required to change the password without delay. If it is reasonable to assume that others could have abused the password, User is required to notify the Service Provider. The User bears exclusive liability for damages caused by failing to comply with these obligations, the Service Provider is not liable for such damages. The User is responsible for the damages caused by the unauthorized or illegal use of her/his password or account and for the damages caused to the Service Provider or other third parties by failing to comply with the corresponding duty of notification.
3. Probationary period, subscription
3.1. The Servicer Provider provides a free probationary period of 14 days to the User. The User has to decide within 5 days following the probationary period whether she/he subscribes for the Service.
3.2. If the User decides to subscribe, the User can choose from the Service Packages published on the website of booked4.us. The User has to pay the fee of the chosen Service Package within 8 days following the selection of the Service Package and the subscription.
3.3. If the User does not wish to subscribe to any of the Service Packages, the Service Provider suspends her/his account and deletes it after five days following the conclusion of the probationary period.
3.4. Subcription for the Service Package is covered by a separate contract between the User and the Service Provider, including the exact contents of the Service Package, its price, its functions and the detailed conditions of the Service Package (hereinafter “Service Contract”).
3.5. The Service and the Service Packages are maintained and provided only for the financially settled and paid subscription period. The Service Contract is automatically prolonged for the next service period following the payment of the subscription fee of the next service period.
3.6. The Service Provider has the right to introduce new Service Packages and cancel existing Service Packages. Users using a cancelled Service Package are automatically transferred by the Service Provider to another Service Package with similar features, chosen by the Service Provider, on the day following the expiration of the financially settled subscription period of the the previous Service Package. The Users are notified by the Service Provider via email sent to their registered email address. If the User does not agree with such transfer, and she / he wishes to select another Service Package, she / he may notify the Service Provider to do so and the Service Provider would transfer the User to the requested Service Package. Alternatively, the User is entitled to terminate the contract following the expiration of the subscription period.
3.7. The Service Provider has the right to request one-time fees for any special service which is not included in the Service Package (hereinafter “One-time fee”). The Service Provider calculates the One-time fee based on the hourly charge published on the website of booked4.us. If the User request a service for that applies a One-time fee, the Service Provider informs the User about the charges in advance. By accepting the offer, the User approves its payment obligation towards the Service Provider. The One-time fee does not have any connection with the fee of the Service Package, it does not cover the use of the Service.
4. Payment of the service fee
4.1. The Service Contract covers the the fees of the Service Packages and the exact payment deadlines.
4.2. The User is required to pay the Service Fees against an invoice provided by the Service Provider (based on the data provided by the User, for the accuracy of which the Service Provider does not have any responsibility). Payment of fees is always in the beginning of the chosen Period of service.
4.3 Possible methods of payment:
4.3.1 Bank transfer
4.3.2 Credit or debit card payment through PayPal: The Service Provider sends a PayPal prepayment request about the fee that applies to the actual service period. At the settlement of the prepayment request, the Service Provider sends the invoice with the sum of the payment to the User.
4.3.3 Credit or debit card payment or Barion balance: The User (Card Owner) entrusts the Payment Service Provider with the payment order for the purchase to send and account the offset of the service to the Service Provider as beneficiary. After successful payment, the Service Provider sends the invoice to the User.
4.3.4 Recurring payment through Barion Smart Gateway: the User gives its consent during the order that the Service Provider will initiate the payment when it becomes due. The User accepts that in predetermined intervals their bank account will be debited with the predetermined amount. After successful payment, the Service Provider sends the invoice to the User.
4.3.5 The online payment mentioned in 4.3.3 és 4.3.4 point is done by the Barion Payment Zrt. (as Payment Service Provider). License number by the Hungarian National Bank: H-EN-I-1064/2013. The Service Provider does not have access to the credit or debit card data given by the User. Barion Payment Zrt. will be ont he User’s bank account statement during payment.
5. Delayed payment, non-payment
5.1. If the User fails to pay the Service Fee within 10 days following the expiration of the payment deadline of the Service Package, ie, if the payment is delayed by more than 10 calendar days, the Service Provider can suspend the Account of the User.
5.2. If the User fails to pay the outstanding amount within 10 calendar days following the suspension of the Account, the Service Provider can terminate the Service Contract and delete the Account in its entirety with its data contents permanently. Further, the Service Provider can initiate legal proceedings in order to claim the outstanding payment and debt of the User.
6.1. The Service is protected by copyright and the applicable intellectual property rules. The Service Provider is the rightful user or the copyright owner of all the works, contents, materials or other intellectual property appearing on the websites related to the the Service (including all the graphics and other materials, the design and editing of the websites related to the Service, the softwares and other solutions, ideas and implementations) except the works, contents, materials or other intellectual property from the User.
6.2. The Service Provider has the right to use all the trademarks (brand name, logo, etc.) appearing on the websites related to the Service, except the ones from the User. Registration, the use of the Service or the General Contract Terms and Conditions do not confer right on the User to use or utilize any of the trademarks or commercial titles or other names or under legal protection, appearing on the websites related to the Service.
6.3. Beyond the scope of the ordinary and intended Use of the Service and the necessary replications and private copies, the User cannot use or utilize these intellectual properties in any form (such as downloading them, storing them electronically, processing them, marketing them).
7. Obligations of the User
7.1. The customization of the User interface and its embedding into the own website of the User is the obligation of the User. If the User is unable to customize the User interface or to embed it into the website of the User, the Service Provider provides help via email, phone or, exceptionally and for renumeration, personally. It is the responsibility of the User to ensure that rights of third parties are not violated either directly or indirectly while using the Service. The User has to ensure that all legal requirements are complied with while using the Service.
7.2. The User is responsible to ensure that free dates and time slots, addresses, phone numbers, email addresses appearing on the booked4.us interface are accurate, the Service Provider has no responsiblity concerning the accuracy of these data either to the User or to the Clients of the User. If the reservation is not possible for some reason or the date or the time slot changes, the User has to notify the her/his clients and take the proper steps in implementing the change. The Service Provider is not responsible for damages caused by the failure to comply with these duties.
7.3. The User cannot share, upload, forward, send or make accessible in any other way to third parties content that is unlawful, harmful, obscene, threatening, offensive or which would violate or endanger the right of third parties to their private life or other personal rights, interests, or which is under the protection of trademark, patent or other intellectual property rules.
7.4. The User cannot share, upload, forward, send or make accessible in any other way to third parties content that contains computer virus, worm or any other harmful code.
7.5. The User cannot share, upload, forward, send or make accessible in any other way to third parties marketing or promotional materials without the consent of the third party (such as spam, affiliate link, newsletter).
7.6. The User is exclusively responsible for the breach of the foregoing duties set out in Section 7. The Service Provider has no responsibility for the contents provided by the User to the clients of the User.
8. Data processing activity
8.1. These clauses need to be applied by the Service Provider based on the agency contract for the data controlling activity in connection to the 6311 – Data processing, web-hosting service provided for the User, during which the Service Provider manage personal data in the name of the User, as data controller.
The object of the data processing is managing the personal data of the natural person contacting the User by the Service Provider’s scheduling system, in connection with fulfilling the agency contract between the Service Provider and the User. Using the User as data processor does not need prior consent from the affected natural persons, but they need to be informed which is the User’s task.
8.2. The data controlling activity lasts until the existence of the contract between the Service Provider and the User, or until the withdrawal of the affected natural person’s data controlling consent.
8.3. The goal of the data controlling is to provide general scheduling system for the User in a cloud-based, embeddable form (TEAOR 6311 – Data processing, web-hosting).
8.4. Managed personal data: Name of the natural person, address, phone number, email address, online id. The system allows the User to ask for other data from the Customer in a form connecting to the booking. The data in this form can be specified by the User in the system settings.
The User is responsible for the data asked in the booking form complies the requirement of the current legislation, and does not tend to sensitive personal data or special data that requires a higher level of protection.
8.5. The User’s Customers are affected by data controlling.
8.6. The User as data controller is entitled to check the execution of the activity according to the contract at the Service Provider as data processor.
The User as data controller is responsible for the legality of the instructions connecting to the tasks specified in the contract. If the instructions are unlawful, the Service Provider as data processor must notify immediately.
The User as data controller is required to inform the natural persons affected with data controlling about the data processing according to the contract with the Service Provider, and if the laws specify, get their consent.
8.7. The Service Provider as data processor acts based on the User as data controller’s instructions during its activity.
The Service Provider as data processor grants during its activity that the persons who are authorized to access the affected personal data can commit to be confidential in relation to the personal data, if they are not under legitimate confidentiality obligation.
The Service Provider as data processor does technical and organizational arrangements considering the current position of science and technology, cost of implementation, the nature, scope, circumstance and goals of data controlling, the variable probability and severity risk of the natural persons’ rights and freedom, in order to guarantee the data safety equivalent to the level of risk. The Service Provider as data processor takes action to grant that the natural persons who are under its control and who have access to personal data, can manage the mentioned data accoding to the instructions from the User as data controller. Except if EU or member state law obliges differently. It takes care of that the stored data only can be accessible through internal system or direct access by authorized persons and only in context of data controlling. It provides the regular maintenance and development of the used devices. It places the data storage device in a closed premise with suitable physical protection, takes care of its physical protection. The Service Provider as data processor has to employ persons with proper knowledge and experience to provide the tasks of the contract. Also takes care of their preparation about the data protection legislative provisions, obligations of this contract and the goal and mode of data collection.
The Service Provider as data processor will use additional data processor only if it meets the criteria of the Regulation (Regulation of EU 2016/679) and the Act CXII of 2011 on Informational Self-determination and Freedom of Information. The User as data controller gives general authorization to the Service Provider as data processor to use additonal data processor (subcontractor). Before start to use additonal data processor, the Service Provider as data processor notifies the User as data controller about the person of the additonal data processor and the planned tasks that the additonal data processor will do. If the User as data controller raises objection against the additional data processor based on the notification, using this additional data processor is only possible if the conditions of the objections are fulfilled. If the Service Provider as data processor uses the service of additional data processor, it has to guarantee the implementation of suitable technical and organizational arrangements, thereby grant that the procession of data comply with the criteria of the current legislation. If the additional data processor does not fulfill its data protection obligation, the Service Provider as data processor who commissioned it, has full responsibility towards the User as data controller about the fulfillment of the additional data processor’s obligation.
The Service Provider as data processor helps the User as data controller with every suitable resources during its data processor activity to validate the rights of the ones who are affected with data processing and in favor of fulfill its obligation. The Service Provider as data processor helps the User as data controller in fulfilling its obligation of the Article 32-36 of the Regulation (Data safety, Data protection impact assessment and prior consultation), considering the nature of the data controlling and the information available for the data processor.
The Service Provider as data processor provides the User as data controller every information that is needed to fulfill the obligations mentioned in the Article 28 of the Regulation (The data processor). Furthermore what allows and helps the User as data controller or other commissioned controllers, with audits including on-site inspections. The Service Provider as data processor immediately notifies the User as data controller if it presumes that its instructions violate the data protection provisions of the member sate or EU.
8.8. The expiry of the agency contract between Service Provider and the User causes the expiry of the data processing contract too. Following the expiry of this contract the Service Provider as data processor deletes every personal data, record in connection with the expired contract and every personal data and copies from the User as data controller. The deletion of the data has to be in 3 calendar years from the expiry of the contract.
8.9. With questions that are not regulated in this chapter, the Act V of 2013 on the Civil Code, the Regulation (EU) 2016/678 of the European Parliament and the Council and the Act CXII of 2011 on Informational Self-determination and Freedom of Information has to be used.
9. Suspending the service
9.1. If the User temporarily does not want to use the service, he/she can ask the Service Provider to suspend the subscription with a written notification sent to one of the contacts mentioned in Section 1. The subscription will be suspended from the first day of the next month after getting the suspension request.
9.2. The Service Provider will keep the service in standby mode with its every content during the suspension period (hereinafter: „Standby period”).
9.3. The User has to pay the monthly standby fee (hereinafter: „Standby fee”) during the Standby period. The User is required to pay the Standby Fees against an invoice provided by the Service Provider (based on the data provided by the User, for the accuracy of which the Service Provider does not have any responsibility). Possible payment methods mentioned in Section 4.3. The Service Contract contains the amount of the Standby fee.
9.4. If the User does not fulfill its payment obligation in 10 days after the payment due date, the Service Provider will send a written notice. If the User does not pay the overdue amount in 10 days after receiving the notice, the Service Provider is entitled to immediately terminate the contract and permanently delete the User’s account.
9.5. If the User wants to use the service again, he/she can ask for subscription activation with a written notification sent to one of the contacts mentioned in Section 1. The Service Provider will provide the Service again from the first day of the next month after receiving the activation request. From that date the User has to pay the Service Fee.
10. Termination of the contract
10.1. The User can terminate the Service Contract and request the cancellation of the subscription and the registration by a written notification sent to the addresses of the Service Provider (as indicated in Section 1), with a 15 days period of notice. The termination notification and the cancellation of the subscription and registration does not exempt the User from the payment of Service Fee for the period in question.
10.2. The Service Provider reserves the right to restrict the access of the User to the Service and cancel its registration with the deleting the corresponding data without prior notification, if the User breaches the provisions of the General Terms and Conditions or the Service Contract (subscription contract) or if the User abuses the Service. If the Service Provider decides to exercise this right, such exercise qualifies as termination with immediate effect and the User is not entitled to any repayment of the proportionate share of the Service Fee already paid.
10.3. The Service Provider does not repay the fees paid in the case of termination either on behalf of the User or the Service Provider.
11. Change of Service
11.1. The Service Provider reserves its right to implement changes, repairs or corrections of the Service, without prior notification of the User. The Service Provider is required to provide information to the Users on its website concerning such changes or corrections.
11.2. The Service Provider reserves its right to transfer the Service to another domain name. The Users will be notified in writing if such a change occurs.
12.1. The Service Provider provides substantive response to customer complaints in connection with its activity, submitted to the addresses provided in Section 1, within 7 days, including indication of potentially available legal remedies and the modalities and deadlines of recourse to such remedies.
13.1. The User undertakes to use the Service at her/his own risk. The Service Provider provides the Service at the disposal of the User, as determined by the Service Provider.
13.2. The Service Provider is not responsible to ensure that the User achieves the intended business purpose by using the Service, nor is the Service Provider responsible for any business profits obtained by the User as a result of using the Service. The Service Provider does not guarantee that clients of the User will use the Service, nor that the User could reach new clients and receive further orders.
13.3. The Service Provider is not responsible for provisional malfunction of the Service outside the control or influence of the Service Provider or the resulting damages and loss of income or loss of profits. If the Service Provider detects such a malfunction of the Service, it is required to notifiy the User without delay, investigate the causes of the failure within 15 days and take the appropriate steps to repair the Service.
13.4. Any information, data, file, downloaded or accessed by the User during the use of the Service, is accessible only at the own risk of the User and the Service Provider has no responsibility for such data.
13.5. The obligations of the Service Provider stemming from this contract are restricted in scope and amount to the amounts actually paid by the User to the Service Provider for the provision of the Service. The Service Provider is not responsible to any extent for damages or losses that are not reasonably foreseeable at the time of the conclusion of the contract.
13.6. The User bears sole responsibility for the damages resulting from the breach of the subscription contract or the provisions of the General Terms and Conditions, in particular of Section 6. If a third party submits a claim against the Service Provider, the User is required to exempt the Service Provider from any claims and in case of legal proceedings or litigation the User is required to join the proceedings, assume all the obligations and debts from the Service Provider or, if it is not possible, compensate the Service Provider for any claims by third parties.
14. Jurisdiction, applicable law
14.1. Hungarian law is applicable to the present contract, to the individual subscription contracts and to all the claims arising in connection with any of these instruments.
14.2. The parties select the jurisdiction of Hungarian courts. Claims arising under these terms and conditions or under the subscription contract fall under the exclusive jurisdiction of Budai Központi Kerületi Bíróság (Buda Central District Court). If the applicable rules of civil procedure exclude the competence or jurisdiction of the Budai Központi Kerületi Bíróság (Buda Central District Court), the Hungarian court with competence and subjectmatter jurisdiction shall have jurisdiction.
15. Invalidity clause
15.1. If any provision of the present contract terms and conditions is or becomes invalid or unenforcable, it shall not affect the rest of the contract, which remains in force and effect. In such case the Parties have to accept, instead of the invalid or unenforcable provision another, similar provision, which is most in line with the contracting purpose of the Parties, and its content is the the most similar to the previous, invalid or unenforcable provision.
Budapest, 24 May 2018.