ATTENTION TO CUSTOMERS
Before reading the present General Terms and Conditions of Use document (hereinafter referred to as “GTC”), we would like to draw the attention of our Customers to the fact that the present document is the legal notice of HALLENBECK IT SERVICES Korlátolt Felelősségű Társaság (registered office: 1143 Budapest, Gizella út 27. The Service Provider is not entitled to deviate from these provisions, and the provisions set forth herein shall be considered general terms and conditions pursuant to the provisions of Chapter XV (§ 6:77-81) of Book Six of Book Six of Act V of 2013 on the Civil Code (“Civil Code”), which shall be binding on the parties in their legal relationship. The Service Provider endeavours to ensure that the contents of these GTC are clear and consistent, however, we invite our Customers to use the definitions of the terms of these GTC, which can be found in the Interpretative Provisions of these GTC, for any question of interpretation. Furthermore, please note that the Customer is solely responsible for the accuracy and correctness of the data entered in the registration procedures carried out by the Service Provider’s partners, given that the Service Provider has no right of access or consultation to these databases, and that the correction of any incorrect data entered may be initiated with the partner concerned.
The Service Provider’s staff will be happy to assist the Customer at any time to clarify any queries using the contact details provided in this document. We would also like to state at the outset that the GTC contain specific legal provisions that may differ from the practice that you as the Customer have been familiar with so far, and we therefore ask you to read the GTC carefully and to contact the Service Provider only after having studied them in detail.
Please note that in determining the Customer’s requirements, we take as a basis the conduct of a Customer who acts reasonably and in an informed manner, with due care and diligence as may be expected in the circumstances.
Terms and conditions
I. SCOPE, SCOPE AND AVAILABILITY OF THE GTC
- These General Terms and Conditions apply to HALLENBECK IT SERVICES Limited Liability Company (registered office: 1143 Budapest, Gizella út 27. 3rd floor, door 29; company registration number: Cg. 01-09-928303; hereinafter referred to as “Service Provider”) to its customers (hereinafter referred to as “Customer”) (hereinafter referred to as “Service”). The services used at the Service Provider’s partners are subject to the contractual conditions of the partners.
- The whole set of rules governing the agency relationship between the Service Provider and the Customer for the use of the Services is contained in these GTC, the Agreement and individual orders (hereinafter: “Individual Order”) and the relevant legislation. The body text of the GTC contains common provisions for the services provided by the Service Provider.
- These GTC are issued by the Company for an indefinite period. The provisions of the GTC shall apply in the legal relationship between the Company and the Customers from the conclusion of the Agreement and the Individual Orders. The condition for the conclusion of Contracts and Individual Orders is that the Customer expressly acknowledges the reading of the GTC and expressly accepts the general terms and conditions contained in the document.
- The material scope of the GTC covers the Services provided by the Service Provider, its personal scope covers the Service Provider and the Customer, and its territorial scope covers Hungary and the place of performance agreed between the Service Provider and the Customer.
- The Service Provider is entitled to unilaterally modify the content and provisions of these GTC at any time on the basis of Chapter II, with prior notification to the Customer. The Service Provider shall inform the Customer about the changes by e-mail.
- The Service Provider shall update the text of the GTC in a consolidated form for everyone in accordance with the rules set out in Chapter II of the GTC and publish it free of charge on the https://hlb.hu/ASZF website. In the course of amendments to the GTC, its consolidated text with the amendments shall be published from a date at least 30 (thirty) days prior to the entry into force of the amendment or, if a new Service is introduced by the Service Provider, from the date of entry into force of the amendment. The Service Provider shall make available the versions of the GTC that are no longer in force at its Customer Service for 2 (two) years. The provisions of these GTC are valid until revoked. These conditions shall apply to service contracts concluded after the publication of these GTC. These GTC shall be deemed to be published from the date of publication on the Service Provider’s website.
- The GTC is public, anyone can view and get acquainted with it on the Service Provider’s website, however, the GTC is the intellectual creation of the Company and is protected by copyright according to the legislation in force.
II. UNILATERAL AMENDMENT OF THE GTC
- The Company is entitled to unilaterally supplement or modify the GTC, especially in case of introduction of a new Service, modification of the terms of an existing service or modification of tariffs. The Company is obliged to publish its announcement of unilateral amendment of the GTC on its website at least 8 (eight) days before its entry into force.
- The Service Provider shall notify the affected Customers by e-mail of the modification of their terms and conditions. It is the customer’s responsibility to familiarize himself with the content of the modification.
- The change in the GTC shall apply to all legal relationships previously established between the Company and the Customer but not yet fulfilled or terminated, and the legal relations between them shall be modified accordingly, provided that the Customer has accepted the amendment. The proposed modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the proposed modifications and their consequences for the Customer concerned. This notice period is 15 (fifteen) days from the day on which the Service Provider notifies the Customer concerned of the proposed modifications. The amendment of the GTC shall be deemed to be accepted by the Customer and consequently the legal relationship between the Company and the Customer shall be modified accordingly on the day following the expiry of the above deadline, if the Customer continues to use the service after the entry into force of the amendment or the Customer has not expressly declared in writing to the Company within the above 15 (fifteen) day period that it does not accept the amendment.
- If the Customer – with its express written declaration addressed to the Service Provider – does not accept the planned modification, the Service Provider is entitled to unilaterally terminate the legal relationship between the parties or to maintain the legal relationship with the unchanged content before the amendment of the GTC. If the Provider decides to restrict; suspend or terminate any Services provided by you to a particular Customer at least 30 (thirty) days prior to the effective date of the restriction, suspension or termination, you must provide the relevant Customer in writing (email) with the reasons for its decision.
III. THE CONTRACT AND INDIVIDUAL ORDERS
- Procedure for concluding
the Agreement If the Parties carry out all or part of their activities related to the conclusion and performance of the Agreement by electronic means, they mutually agree that:
a, the validity or enforceability of electronic transactions is not legally contested and electronic transactions are valid in any judicial or administrative proceeding to the same extent and under the same conditions as if they were signed in paper form;
b, Signed documents shall include documents signed by the Parties on separate sheets and/or electronically, as well as copies exchanged or made available in electronic form with unchanged content, which shall be considered final by all Parties.
In relation to the receipt of electronic mail, unless otherwise provided for in the GTC or the Agreement, the Parties shall presume that it became accessible to the addressee at the time of sending stored in the sender’s system.
- The quotation
In order to make a price offer for the provision of Services (“Quotation”), the Service Provider may inspect the Customer’s premises specified in the Service Provider’s Quotation or any other place indicated by the Parties as the place or place of performance of the services. The costs of such examination shall be borne by the Customer. The Customer acknowledges that without an inspection of its premises, the Service Provider cannot guarantee or make any kind of undertaking regarding the accuracy, likely results and reliability of:
(a) the number of means necessary for the optimal functioning of the system; (b) optimal location of equipment; (c) technical conditions necessary for the operation of the system(s) (e.g. wired or wireless internet connection, etc.); (d) information on the technical conditions required for the establishment of the system(s) or devices and for their operation.
The validity of the Quotation issued by the Service Provider on the basis of the Customer’s request for quotation, unless otherwise specified in the Quotation, is 8 (eight) calendar days from the issuance of the Quotation. The quotation made by the Service Provider does not qualify as an order (“Order”). Acceptance during the validity period of the Quotation shall be deemed to be the intention of the Customer to enter into a contract. If necessary, the Parties may conduct further negotiations on the content of the Quotation, on the basis of which the Service Provider will prepare a new offer. The Service Provider’s Price Offer is for informational purposes only and binds the Service Provider only after confirming the Order.
- The Order
The Order is created upon acceptance by the Service Provider. Based on the Order, the Parties conclude an assignment contract with individual content regarding the Services provided by the Service Provider and ordered by the Customer (hereinafter: “Contract”). An Order shall be considered valid if it is made by the Customer’s representative authorised to make a statement or by another person acting in his or her interest and the subject of the Order can be clearly identified. If the Order does not comply with the above rules and in case of an Order other than the Quotation, the Contract is not validly concluded. The Customer shall be liable for any delay or failure to conclude the contract and the resulting costs.
- Basis of the Agreement
4.1 The basis of the Agreement is the Quotation provided by the Service Provider to the Customer in accordance with these GTC and the Order accepted and confirmed by the Service Provider. These GTC shall apply to the Contract, excluding any other conditions that the Customer intends to apply based on standard professional and other business practices.
4.2 The Service Provider does not provide Services to consumers. Accordingly, the Customer warrants that it is a commercial customer and does not conclude the Contract as a consumer.
- Conclusion and entry into force of the Agreement
5.1 The Agreement for the use of the Services shall be entered into and entered into on the date of signature by each Party or, if not on the same day, on the date of its subsequent signature.
5.2 The Contract concluded electronically shall be deemed to be a written contract.
5.3 If the Service Provider has already started the performance of the Agreement on the basis of the Customer’s request, the Agreement shall enter into force retroactively to the date of acceptance of the Quotation, but at the latest at one of the end points of the actual commencement of the provision of services. In this case, the Parties shall settle the fee for the Service already used with each other in the next service provider’s invoice at the latest after the conclusion of the Agreement in accordance with the terms of the Agreement.
5.4 If the Agreement does not enter into force for the relevant end point, the parties shall restore the original pre-contractual situation and shall have no further obligations or rights towards each other arising from the Agreement.
IV. THE SERVICE
- Subject matter of the service
1.1 The Service Provider provides so-called Computer and Server Operation Services through its partners, and sells products and services created by other manufacturers to the Customer. The scope and detailed description of the Services provided by the Service Provider and their tariffs are specified by the Parties in the Agreement.
1.2 The Service Provider performs the tasks specified in the GTC within the framework of a permanent legal relationship, on the basis of the Contract(s) concluded with the Customer for an indefinite period, or on the basis of Individual Order(s) in the case of an existing legal relationship.
- The Operation and Maintenance Service
The Service Provider shall provide operational, maintenance and troubleshooting services to the Customer under the conditions set out in the Agreement at one or more sites specified by the Customer or on remote, cloud-based storage facilities jointly agreed between the Customer and the Service Provider. The Service Provider shall commence the Service from the date specified in the Contract, unless the certificate of completion of the handover specifies a different date. The Customer is obliged to provide the Service Provider with information and permissions concerning the subject of the Contract, to obtain the necessary permits and, if necessary, to provide supervision or an intermediary person, as well as physical access. The Customer is obliged to provide the Service Provider with the trainings, internal instructions and security regulations (hereinafter collectively referred to as “Instructions”) related to the Service Subject to the Agreement in force at any time no later than 5 (five) working days prior to the commencement of the service, or in case of modification of the Instructions, to notify the Service Provider thereof 5 (five) working days before the amendment enters into force. The Parties agree that if the modification of the Instructions makes the performance of the Service Provider more burdensome or impairs its entitlements, (contains a provision detrimental to it), the Parties shall amend their contractual terms and conditions thus created in such a way that – unless otherwise provided by law – comply with the conditions prior to the modification, or, if this is not possible, modify or terminate the contractual relationship(s) between them by mutual agreement. In the case of a one-time – not regularly provided – Service, the Parties shall record the acknowledgement of the fact of performance in a certificate of performance signed by the contact persons of the Parties, which forms an integral part of the Agreement. The Customer is obliged to take over and certify the Service performed in accordance with the contract. If the Customer does not issue the certificate of performance within 8 (eight) working days and does not submit any objection related to the performance, the performance shall be deemed accepted (certified) on its part.
- Sales services
The Service Provider provides sales services under the conditions set out in the Contract or Individual Order, within the framework of which it resells products and/or services created by other manufacturers. The manufacturer of the given product provides a warranty or guarantee for the manufactured products or developed services according to the manufacturer’s current license or other contractual conditions, therefore the Service Provider excludes its liability arising in this regard. The Customer acknowledges that the Service Provider expressly excludes liability for damages resulting from the delay and defective performance of the manufacturer.
- Suspension of the Service for reasons arising within the Service Provider’s sphere of interest and for Force Majeure:
4.1.1 In order to ensure the continuous use of the Service, the Service Provider operates a technical service, fault reporting and troubleshooting service. Nevertheless, situations may arise that result in downtime and, as a result, a temporary interruption of the Service. An outage (service interruption) can be planned or unplanned:
a) Unplanned downtime may occur during the performance of maintenance and maintenance works that become necessary for extraordinary reasons, or due to an unforeseeable and unavoidable external cause beyond the control of the Service Provider and the Customer (Force Majeure), as well as for reasons beyond the control of both Parties;
b) A planned downtime may be maintenance maintenance, which may occur during the regular maintenance, renewal, replacement or operational maintenance of networks and devices operated by the Service Provider. In the course of maintenance maintenance, the Service Provider carries out regular works necessary to maintain the technical equipment of the Service in working order that ensures the achievement and continuous maintenance of the quality targets of the Service, while the renewal and replacement is aimed at the necessary renewal of these technical devices from time to time. Operational maintenance means, for example, the activities involved in installing a software update released by the manufacturer.
4.1.2 The Service Provider shall notify the Customer of the planned maintenance at least 5 (five) days before the date of the planned maintenance. Regular maintenance for maintenance purposes, involving several customers, shall be carried out by the Service Provider at the time specified in the notification without the approval of the Customer. In the case of maintenance for operational purposes, the Customer is obliged to declare the approval of the maintenance in writing within 2 (two) working days of receipt of the conciliation proposal sent by the Service Provider or is entitled to refuse the maintenance by offering a new date(s). If the Customer has approved the maintenance, or if it does not respond by the specified deadline, in the absence of its response, the Service Provider’s notification shall be deemed accepted, the maintenance will be carried out at the offered time.
4.1.3 If the Customer does not allow the Service Provider to perform maintenance activities for operational purposes, the Service Provider shall be relieved of the consequences of underperformance of the agreed service quality parameters in connection with the missed maintenance during the period of postponement.
4.1.4 Periods lost due to regular maintenance for maintenance purposes and maintenance for operational purposes do not count towards the availability time undertaken by the Service Provider.
4.1.5 Regular maintenance also includes the maintenance of services provided by third parties, in particular electricity suppliers or other public utilities, or networks operated by them, which affect the normal operation of the Service Provider’s network. The Service Provider shall notify the Customer of the commencement of maintenance work at least 15 (fifteen) days in advance, if the third party has informed the Service Provider thereof.
4.1.6 In case of unplanned maintenance, the Service Provider shall notify the Customer immediately, preferably at least 24 hours in advance, of the works expected to result in a shutdown. If a condition arises in connection with the provision of the Service that threatens to shut down the Service or create a risk of a Serious Incident (malfunction), in this case the Service Provider may implement it without prior notification to the Customer.
4.1.7 The Customer acknowledges that the suspension described in this clause does not constitute a breach of contract on the part of the Service Provider, in connection with this the Customer is not entitled to enforce either a penalty or a claim for damages against the Service Provider and is not entitled to terminate the Agreement either.
V. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
- Operation, maintenance, troubleshooting
The Service Provider shall ensure the use of the Service for a fee at the Customer’s access point or up to the limit point of the Service specified in the Agreement and shall carry out monitoring, maintenance and troubleshooting activities in order to maintain service quality. For troubleshooting, the Service Provider operates a fault reporting service available in the manner specified in the Agreement. The method of reporting, registering and correcting a defect is regulated and specified in the Agreement.
The Service Provider is entitled to use the name of the Customer and the summary of the essence of the activity performed within the framework of the Services (solution) as references in relation to its individual activity to be performed for the Customer.
- Confidentiality and data protection
During the performance of the Agreement, the Service Provider may be in possession of personal data pursuant to Section 3, Section 2 of Act CXII of 2011 on Informational Self-Determination and Freedom of Information. The Service Provider declares that it carries out its activities in the territory of Hungary, and that the personal data necessarily provided to it by the Customer in the course of its activities will not be transferred (processed, processed) outside the territory of the European Union. The Service Provider is entitled to use the data only to the extent and for the purpose strictly necessary in the course of its activity (software operation, support) (uploading data to the system) and is obliged to immediately and permanently stop any processing or management thereof after the termination of this Agreement and to irretrievably destroy them. In the course of personal data protection, monitoring and compliance with the applicable data protection provisions is the responsibility and sole responsibility of the Customer, the Service Provider acts in accordance with the Customer’s instructions regarding compliance with the data protection provisions. The Customer expressly undertakes to fully comply with the legal provisions relating to the processing of personal data, including the provisions of the General Data Protection Regulation (GDPR) of the European Union, when instructing the Service Provider within the scope of data processing. The Service Provider may not make any substantive decision concerning data management, it may process the data it becomes aware of only in the interest and in accordance with the provisions of the Customer, and it is obliged to handle them in accordance with the provisions of the Customer.
The Service Provider is obliged to treat the contents of the Agreement and, if the communication or other personal data obtained during the provision of the Service is confidential, it may not disclose its contents to any third party or make it available to a third party, unless required to do so by law or by an official or court decision. The protection of confidentiality and the exemption from the obligation of confidentiality shall be governed by the provisions of the legislation in force. The Service Provider’s confidentiality obligation shall continue for an unlimited period after the termination of the Agreement.
VI. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
- Confidentiality and data protection
The Customer is bound by confidentiality and data protection obligations in accordance with the provisions of this clause. The Customer is obliged to keep the contents of the Agreement and, if the communication or other personal data obtained during the use of the Service confidential, it may not disclose its contents to third parties or make it available to third parties, unless required to do so by law or by an official or court decision. The Customer’s confidentiality obligation shall continue for an unlimited period even after the termination of the Agreement.
- Services provided at the customer’s premises
The supply of power necessary for proper operation of the equipment located at the Customer’s premises shall be provided by the Customer at its own expense. The Customer shall use the equipment necessary for the provision of the Service and equipped by the Service Provider and handed over to the possession and use of the Customer with the utmost care, in accordance with its intended purpose and in accordance with the contract, and shall bear full and exclusive financial responsibility for the device installed. The equipment provided to the Customer in whole or in part for the duration of the Agreement and owned by the Service Provider may only be used for the use of the Service provided under the Contract.
The Customer is obliged to preserve the equipment, to preserve its condition, to notify the Service Provider immediately in case of defects, and to make them available to the Service Provider upon termination of the Agreement together with its accessories, preferably with its original packaging, intact and in a condition suitable for its intended use.
The Customer acknowledges that during the term of this Agreement, the Service Provider is entitled to control the use at any time. The Customer is obliged to notify the Service Provider by sending an e-mail to its contact person specified in this Agreement if the device or equipment is threatened with damage or if the need to carry out works burdening the Service Provider arises.
The Customer is obliged to provide the Service Provider with physical, software and logical access to the devices participating in the Service to the extent necessary for the Service. If access is not provided at an adequate level or is not provided, the Service Provider shall not be liable for the resulting defective performance.
The Customer is also obliged to: ensure that the conditions set forth by the Customer contained in the Order are accurate; cooperate with the Service Provider in all matters related to the performance of the Service Provider’s duties; provide the Service Provider and its employees, agents, consultants and subcontractors with access to the Customer’s premises, offices and other facilities insofar as this is reasonably necessary for the Service Provider to provide the Services; provide information and materials reasonably requested by the Provider in order to provide the Services and ensure that such information is complete and accurate in all material respects; prepare the premises of the Customer for the performance of the Services.
- Liability of the Service Provider
The Service Provider is obliged to provide the Service according to the conditions and quality indicators specified in the Contract or, in the case of an existing legal relationship, in the Individual Order, the GTC and the legislation. The Service Provider shall be exempted from liability for delays or failures in the commencement of the provision of services if it credibly proves that during the establishment of the Service the Customer did not provide the prescribed conditions, and if the right holder failed or refused to issue any consent or permission within a reasonable period.
- Customer’s liability
The Customer is obliged to comply with the provisions of the GTC with the deviations specified in the Contract and the Individual Order and to pay the fee specified in the Contract, the Individual Order or otherwise for the use of the Service. The Customer is responsible for compliance with the provisions of the GTC, connected terminal equipment, payment of fees and damages. The Customer is also responsible if the use of the equipment or Service is transferred to another person or used by another user. The Customer is entitled to permanently transfer or resell the Service used only with the prior written consent of the Service Provider. The Service Provider may make the provision of written consent subject to the modification of the service fees. It is the Customer’s duty to establish the Customer network connected to the Customer Access Point and to troubleshoot errors on this network. The Customer shall be liable for any damage resulting from improper or uncontractual use The Service Provider is entitled to pass on to the Customer its justified costs incurred in connection with the damage, failure or disappearance of equipment. The Customer is not entitled to change the configuration of the equipment installed by the Service Provider, except after detailed technical consultation based on the written permission of the Service Provider. The Customer is obliged to ensure the correct use (handling) of the equipment used by the Customer.
- Liability limit for the Service
The Service Provider’s liability extends up to the Customer’s access point or the limit point of the Service. The Service Provider shall be liable for defects attributable to it in connection with the provision of the Services under the Agreement. Customer access points may only be established by the Service Provider or its agent (contributor). Sub-exchange, servers, and a network within real estate or premises may be established by a person or economic organization other than the Service Provider, but it may only be connected to the Service Provider’s network at the expense of the Customer if, based on its examination, it determines that the installation of the internal network meets the technical specifications and requirements necessary for the safe use of the service. If the Customer’s network and devices are operated by the Service Provider, the service quality parameters undertaken for the Service (e.g. limits, limits, durations, number of pieces) determined for the Service level are included in the Agreement or its annexes.
VIII. PRICING AND PAYMENT METHODS OF THE SERVICE
- Pricing of the Service
The valid tariff of the Services provided by the Service Provider, the payment terms and payment methods of each Service are set out in the Agreement or the Individual Order.
IX. DATA AND CONTACT DETAILS OF THE SERVICE PROVIDER
- Data of the Service Provider:
Company name: HALLENBECK IT SERVICES Limited Liability CompanyAbbreviated company name: HALLENBECK IT SERVICES Kft.Registered office: 1143 Budapest, Gizella út 27. B. intact. 3rd floor door 29Company registration number: 01-09-928303VAT number: 14970951-2-42Website: https://hlb.hu
- Contact details of the Service Provider:
The Service Provider’s customer service may be contacted by the Customer or another person acting in the interest of the Customer within opening hours at the following contact details:a) phone: +36707744188b) e-mail: office[at]hlb.huc) mailing address: 1143 Budapest, Gizella út 27. B. intact. 3rd floor door 29) opening hours: 9.00 – 16.30
Written mailings to the Company must be sent to the Company’s headquarters or to the office[at]hlb.hu e-mail address. At the express request of the Customer, the Company will occasionally provide confirmation of receipt of data. It shall be considered as proof of receipt if the copy of the data is stamped by the Company, signed by its authorized representative and dated.
X. GOVERNING LAW, DISPUTE RESOLUTION
1. Matters not regulated in the GTC or (on the basis of) the Agreement(s) concluded between the parties shall be expressly but not exclusively governed by the provisions of the following laws, and the following legal provisions shall apply mutatis mutandis to the parties:
a) Act V of 2013 on the Civil Code (hereinafter: “Civil Code”) and Act CLXXVII of 2013 (“Civil Code”) Subject to the provisions of Sections 1 and 50 (1), (i) in relation to Contracts concluded on or after 15 March 2014 and amendments thereto, the new Civil Code; (ii) Act IV of 1959 on the Civil Code (old Civil Code) in relation to Contracts concluded before 15 March 2014 and amendments thereto;
b) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as “GDPR”),
c) Act CXII of 2011 on Informational Self-Determination and Freedom of Information (hereinafter: “Privacy Act”),
2. In all disputes related to these GTC, the Parties submit to the jurisdiction of the court having jurisdiction and jurisdiction under the General Rules of Procedure.
XI. OTHER PROVISIONS
- If any court of competent jurisdiction determines that any provision of the GTC is invalid, void or unenforceable, this shall apply only to that provision and shall not imply the invalidity, nullity or unenforceability of the entire document, and all other provisions shall remain in full force and effect.
- The failure of the Company to exercise any right or remedy provided for in the GTC or by law shall not constitute a waiver of that or any other right or remedy, nor shall the exercise of such right or remedy, in whole or in part, prevent the further exercise of that or any other right or remedy.
I have read and understood these general terms and conditions, I accept them: