- The present General Contractual Clauses shall be applied to the use of the services provided by the Service Provider’s webpage www.tablog.pro (and the subpages thereof with particular reference to the subpage admin.tablog.pro) – hereinafter referred to as the Webpage – and the TabLog application – hereinafter referred to as the Application, hereinafter jointly referred to as the System.
- The Service Provider shall not file the individual Contract concluded under this General Contractual Clauses, it shall be concluded by the Parties in electronic form only.
- The language of the Contract and the conclusion of the Contract shall be Hungarian or English.
- The present General Contractual Clauses shall not contain any reference to the code of conduct.
- The present General Contractual Clauses shall cover all Contracts concluded between the Service Provider and the User - hereinafter jointly referred to as the Parties – for the use of the services of the webpage www.tablog.pro and the TabLog application.
II. Details of the Service Provider
Name: Floor99 Proptech Fejlesztő Kft Principal place of business: H-9023 Győr, Körkemence u. 8 Company registration number: 08-09-030459 Court of registration: Tax identification number: 26568526-2-08 Account servicing financial institution: Raiffeisen Bank Bank account number: Email: firstname.lastname@example.org NBH registration number:
(hereinafter referred to as the Service Provider)
III. Rights of the Service Provider, Warranty
- The System shall be under legal protection. The Service Provider shall declare that the System is its own intellectual property.
- The Service Provider shall warrant that the work created by it does not infringe the intellectual property rights of others, in addition the Service Provider shall guarantee that no third party has any other rights that could restrict or prevent the User from exercising the rights provided by this agreement, or could give a basis for claims for charges or damages against the User. Moreover, the Service Provider shall commit that in the performance of the Contract it does not use unauthorizedly a solution that would infringe the intellectual property of a third party protected by the service provider property rights or the industrial property rights.
- The Service Provider shall acknowledge that if it fails to perform the obligations set out in this section, it shall be required to reimburse the User for the full damage, expenditures and penalties arising from this failure.
- The Parties shall agree that the User’s usage rights relating to the System may be extended to affiliates other than the User on the basis of the specific agreement on the necessary language implementation and the remuneration denominated in the currency of the place of performance.
- The System and the documentation provided thereto, furthermore the renovation and expansion thereof shall be subject to the Service Provider’s exclusive rights of disposal and the same shall be considered as the Service Provider’s trade secret.
- The User shall not be entitled to decrypt the System and analyze the internal structure thereof, moreover, it shall not lend, let or lease the same and shall not transfer the right to use the same without the Service Provider’s prior approval.
- If the User becomes aware of any unauthorized use of the System, it shall be obliged to make every effort to make an end of that. The User shall be obliged to prevent the unauthorized use which it became aware of and shall be obliged to immediately inform the Service Provider in writing about the data it acquired.
- The Service Provider shall acknowledge that the User is not subject to recovery obligation relating to the System.
- The User shall be obliged to immediately report to the Service Provider’s representatives all incidents associated with the performance of services, in particular the occurrence of damage, damage to equipment and premises.
- The User may also indicate its objections in connection with the non-contractual performance of the Service in writing on the spot. The User shall be entitled to enforce a quality claims regarding the Service and to claim a reduction of the Fee.
IV. Parties’ Rights and Obligations
- The Parties shall be obliged to cooperate under the contract and to act in collaboration in accordance with the good faith and fair dealing exercising their rights and fulfilling their duties.
- The Parties shall agree to cooperate with each other while performing the contract, to supply each other with the information needed for the proper contractual performance, and to inform each other immediately if a circumstance or event arises which would endanger or hinder the proper contractual performance. The Party at fault shall be fully liable for any damage resulting from failure to provide the notification.
- The Service Provider shall be obliged to perform the custom further development of the System under this contract. The terms and fees of the further development shall be actually established by the Parties in specific agreements.
V. Range of Services Available for Purchase (hereinafter referred to as the Service)
- The users shall purchase entitlement to use the application modules through this webpage. The application shall include an employee application module and a guest registration module, which can be purchased separately or together.
- The registration module is an application running on dedicated devices placed at the reception of the companies, which is suitable for the registration and entry of arriving guests and for the entry and exit of the company's employees.
- The employee module is an application for the company’s employees, which is suitable for entering employees online and offline, receiving push messages, displaying the exact arrival of the guests arriving to them, and monitoring these events.
- After the purchase, users are also granted access to the web-based admin interface, with which the content elements of the application can be customized and the data recorded therethrough can be accessed.
- The list of functions available to the user depends on the package purchased. The list of available packages, current fees and latest feature thereof are available on the webpage.
- If the User uses the System on an own device or on a device which is not rented from the Service Provider, the Service Provider shall not be liable for any malfunctions of the devices.
VI. Order Process
- Any User who fulfills the registration on the webpage www.tablog.pro and accepts the provisions of these General Contractual Clauses and the contents of the Data Protection Notice and agrees to be bound by the same shall be entitled to use the services provided by the Service Provider.
- In order to use the services provided on the webpage, the User shall register by completing the data sheet on the webpage. On the occasion of the registration, the User shall declare that it accepts the contents of these General Contractual Clauses and the contents of the Data Protection Notice. The User shall receive an e-mail from the Service Provider about the successful registration.
- The User shall be obliged to treat its password as confidential and to use it only personal. The password must not be passed on or made available to third parties.
- The User may at any time request the Service Provider to cancel its registration in writing (by e-mail or registered mail).
Free trial version
- The registered Users may request a free trial version, which will entitle them unlimited right to use the application for 30 calendar days. In the trial version, the Users can use the application without any limitation. During the 30 days, they have the option of buying normal version, in which case the first monthly fee will be deducted after the expiration of 30 days and the first month will run from that date. If no purchase is made within 30 days, after the end of the trial period, the application belonging to the User and the invitation of colleagues invited by the User will be blocked in the application. The User shall receive an e-mail from the Service Provider about the termination of the trial version. If the User still demands the subscription, it can subscribe via the link in the email.
Order, use of service
- The User shall have the right to use the service after the registration detailed in point 2 and after the proof of payment of the service charges in the renumeration in force at any time (successful activation). When acquiring the right to use the service, the Service Provider informs the User by e-mail. In the case of a yearly subscription, access shall be valid for 30 days from the email notification. It is possible to check or modify the data provided during registration by clicking on the “Modify data” button.
- The User shall check and modify the data input errors during the order, before the actual order (for modify change billing data option). The Service Provider shall not take any responsibility for incorrectly entered data.
VII. Prices / Payment Facilities
- The Service Provider shall declare and guarantee that the System is its own intellectual property and that the transfer of the non-exclusive right of use under the contract relating to the System to the Service Provider shall be provided against the payment of monthly charge (license).
- The Service Provider shall be entitled to increase the charges due from the second year by the annual inflation rate officially established by the Hungarian Central Statistical Office.
- The Parties shall agree that in the event of late payment, the rate of late interest shall be equal to the rate of the current central bank policy rate increased by eight percentage points.
- The User is entitled to deduct the amount of contractual penalty or compensation to be paid by the Service Provider from the consideration of the Service Provider's account.
- The Service Provider shall declare that it has read the above payment terms before concluding the contract, and has taken them into account when determining its offer for the Price.
- The applicable prices of the System shall be found on the webpage. The Service Provider shall be entitled to unilaterally modify the service charges anytime. Modifications to the service charges shall be published on the webpage. The modification shall be effective from the date of publication on the webpage. The Service Provider shall inform the already registered Users about these changes in writing. The prices shall include the value added tax valid in Hungary. The Service Provider shall not be liable for any wrongly or obviously incorrectly initiated charges.
- The user is not entitled to a refund for any shutdown or unavailability of the Service that is not due to technical problems caused by the fault of the Service Provider.
- Online credit card payments will be realized through the Barion system. Credit card details will not be sent to any merchant. Barion Payment Zrt. is an institute under the supervision of the Hungarian National Bank, license number: H-EN-I-1064/2013
- The User shall accept to receive all its purchase invoices exclusively electronically from Floor99 Proptech Fejlesztő Kft through electronic invoice service to the email address provided by the User. On the receiving side, the User shall be obliged to ensure that all invoices sent electronically can be delivered and that the technical settings (for example firewalls) have been adapted. In case changes occur in email address, the User shall be obliged to inform Floor99 Proptech Fejlesztő Kft immediately electronically in writing and legally by letter. The User shall be obliged to inform Floor99 Proptech Fejlesztő Kft about the changes no later than 7 days before invoicing.
VIII. Duration of the Service / Possibility of Termination
Automatic extension of the subscription
- The minimum subscription period shall be 30 days. If there has been no legal termination, every 30-day subscription shall be automatically extended for an additional 30 days on the last day of the current subscription period. The User shall be entitled to unsubscribe until the last day of the given subscription period. In this case, the subscription shall not be extended and shall expire on the last day of that period.
- In the case of subscriptions initiated by individual bank transfer, the automatic extension shall not be guaranteed by the Service Provider.
IX. Scope and Termination of the Agreement
- The contract shall enter into force upon the ordering of the System by the User and shall be concluded for an unlimited period.
- From one year after the conclusion of contract, either Party shall be entitled to terminate the contract by giving written unilateral statement to the other Party within 30 days of receipt of the statement, without any explanation.
- The User shall be entitled to terminate the contract immediately with extraordinary termination, if
- the Service Provider is delayed more than 15 calendar days in any performance;
- it is clearly obvious before the completion date that the Service Provider is certainly not able to perform the service in accordance with the contract and on time;
- the Service Provider is in serious breach of its contractual obligations.
- The Service Provider shall be entitled to terminate the contract immediately with extraordinary termination, if the User is in serious breach of its contractual obligations.
- For the purposes of this contract, it shall be considered to be a serious breach of contract if one Party is in substantial breach of its material obligation set out in this contract and, consequently, the other party cannot reasonably be expected to continue the contractual relationship; or if one Party fails to perform or improperly performs any of its obligations set out in this contract and does not correct the breach of contract at the written request of the other Party within a reasonable time.
- In the case of premature termination of the contract, there shall be an adjustment of accounts between the Parties, and the Service Provider shall be obliged to return immediately − but no later than within 15 days after the settlement or − and to irreversibly destroy − at the request of the User − all writings, documents, objects in the possession of the Service Provider that came into its possession in the performance of the contract.
X. Confidentiality, Data Processing
- The Service Provider shall declare that it treats all trade secrets, facts, data and information − which are subject to the User, especially to the identity, business-, financial-, corporate relationships, products and used technologies thereof – that it has become aware of relating to the contract as confidential under this contract and after the termination thereof; moreover, the Service Provider shall not make the same available to third parties or use the same in any other way, and shall exercise due diligence to ensure that the same does not fall into the possession or knowledge of third parties. In addition, the Service Provider shall not disclose to an unauthorized person any data which it has become aware of relating to the performance of the contract and the disclosure of which would have an adverse effect on the User. The Service Provider shall use the trade secrets that it has become aware of only for the performance of the contract, shall be obliged to return all documents and data containing trade secrets to the User after the termination of the contract, and shall be obliged to destroy or delete all transferred data or information from its database. The obligation of confidentiality shall bind the Service Provider even after the termination of the contract. The Service Provider shall be fully liable for damages resulting from the breach of this obligation.
- Those cooperating with the Service Provider, i.e. persons employed by the Service Provider or being in working relationship therewith or being a member thereof shall be also covered by the obligation of confidentiality. The Service Provider shall undertake to disclose to the above-mentioned persons trade secrets, facts, data and information related to the performance of the contract only to the extent strictly necessary for participation in the performance of the contract. Furthermore, the Service Provider shall undertake to enforce the above-mentioned persons to comply with the laws on the protection of business secrets in economic life, furthermore, the Service Provider shall undertake to conclude contracts which oblige these persons to treat trading secrets as confidential for the period after the termination of working relationship or membership.
- The Service Provider shall be obliged to treat data recorded in the Service Provider’s database by the User as confidential. The Service Provider shall not pass on the data to third parties not involved in the performance of this contract and after the termination of this contract all data other than the data ordered to be stored by any law shall be immediately transferred to the User and the data not requested by the User shall be destroyed.
XI. Force Majeure
- Failure by a Party to fulfill its obligations due to force majeure shall not be considered as a breach of contract. In respect of the contract, all circumstances unconnected to the Parties shall be considered as force majeure which temporarily or permanently prevents, hinders or makes impossible the performance of a contractual obligation, provided that it was not foreseeable at the time of the conclusion of the contract and could not be avoided with reasonable effort.
- The Service Provider shall only plead force majeure if it informs the User about the fact, cause and probable duration of force majeure by registered mail and dispatch of the letter and at the same time as by telephone, fax or e-mail. Unless the User gives other written instructions, the Service Provider shall continue to perform its contractual obligations, if this is reasonably possible, and shall seek all alternative ways of performance, which are not hindered by the case of force majeure.
- The deadlines in the contract shall be extended by the period of force majeure. If the duration of the force majeure exceeds 30 days, the User shall have the right to withdraw from the unfulfilled part of the contract - without any obligation to pay compensation or other compensation - by sending a written notification to the Service Provider.
XII. Approval and Communication
- Any communication between the parties shall be made in writing and sent by e-mail, registered letter with advice of delivery or by a courier to the following address:
- Statements and notifications made by the Parties to each other during the performance of the contract shall be deemed to have been duly served in writing if they are sent
- by post (as registered letter with advice of delivery even if the delivery fails because the addressee refused to accept it or the consignment returns to the sender with a "not sought" indication);
- by a courier (even if the delivery fails because the addressee refused to accept it);
- by personal delivery attested by an acknowledgement;
- by email (if the confirmation of delivery and reading are activated in the message settings and both confirmations are returned).
XIII. Consent to the Processing of Personal Data
- The User has read the Data Protection Notice and shall accept its contents.
- The User shall expressly agree on the processing of its personal data indicated in the Data Protection Notice.
XIV. Final Provisions
- The Service Provider shall draw the User's attention to the fact that if it has started using the service, it is not entitled to withdraw.
- By accepting these General Contractual Clauses, the User shall agree that the Service Provider treats the personal data provided during registration appropriately in accordance with the provisions of the Data Protection Notice.
- The Service Provider shall draw the User's attention to the fact that the User uses the services provided on this webpage at its own risk.
- The Service Provider shall be entitled to modify the General Contractual Clauses anytime. The modification shall take effect upon publication on this webpage.
- This webpage shall be protected by the Service Provider Protection. Part or all of the content displayed on the webpage shall be used in any form only with the prior written consent of the Service Provider.
- In order to perform the contract, both contracting Parties shall act as independent legal entities and shall not be entitled to represent the other Party or make a legal declaration on their behalf.
- The contract shall be possible only with a written modification by the Parties with their authorized signature. Neither Party may invoke a contractual term or practice that is inconsistent with the contents of the contract and has not been recorded in a proper contract modification.
- If any provision of this Contract is or becomes invalid or null, the remaining parts of this Contract shall remain in full force and effect. Instead of an invalid or null provision, the provisions of ordinary law on governing the relationship of the contracting Parties shall be applicable. The Contracting Parties shall undertake to settle their relationship by adopting another provision which better corresponds to the purpose of the invalid or null provision.
- The Parties shall undertake to endeavor to settle their disputes arising out of the contract through peaceful means within 30 days. If the dispute cannot be settled or the 30 days pass without progress, the Parties shall stipulate that any disputes falling within the jurisdiction of the district court and arising out of the agreement shall be resolved exclusively by the Budai Központi Kerületi Bíróság (Central District Court, Buda). In the event of a dispute falling within the jurisdiction of the General Court, if the Budapest High Court or the Budapest Környéki Törvényszék (Budapest Regional Court, Hungary) is not competent to settle the dispute according to the applicable rules, the Parties shall submit to the exclusive jurisdiction of the Székesfehérvár General Court to settle the dispute.
- The contracting Parties shall hereby declare and undertake as an obligation that neither they nor their senior officials, employees have offered, promised, received, become entitled to, requested or accepted any material or other benefits in any form in connection with the contract. (or implicitly confirm that they will or may at any time engage in activities to acquire or retain business with intent to violate anti-corruption laws) and have taken all reasonable measures to ensure that any subcontractors, agents, any other third party under their control or influence do not do that.
- The Parties shall agree that the contract constitutes the entire agreement of the Parties. After signing the contract, the Parties shall terminate all previous oral agreements regarding the legal relationship that is the subject of the contract.
- In matters not governed by the contract, Act LXXVI of 1999 on copyright and Act V of 2013 on the Civil Code shall be applied. The Parties do not consider custom and practice according to the Article 6:63 (5) of the Civil Code to be part of the contract, their application is excluded, in this connection they declare that the contract contains the entire agreement of the Parties on the subject, which repeals any previous declarations, agreements, offers made by either party on the same subject prior to the conclusion of the contract.