General Terms and Conditions

General Terms and Conditions

for the provision of the Company Information service of

eGOV Consulting Ltd.

 

 

1            Definitions

Service Provider: eGOV Ltd.

Registered seat: H-1054 Budapest, Zoltn utca 8. flemelet 1.

Company registry number: 01-09-707490

Tax number: 12870490-2-41

European tax number: HU12870491

Customer: the natural person, legal entity or company without a legal personality using the Services provided by the Service Provider in accordance with the Contract.

Data processing: any operation or set of operations performed upon data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, use, disclosure by transmission, dissemination or otherwise making accessible, alignment or combination, blocking, deletion or destruction, and blocking them from further use.

Company Information: information defined in section 13 (1) of Act V of 2006 on the publicity of companies, court registration proceedings and final settlement, and in section 2 of decree no 1/2006. (VI. 26.) of the Minister of Justice and Law Enforcement on the operation of the Company Service and the rates of service charges.

Company Service: the Company Information Service Participating in the Electronic Company Procedure operating as an organizational unit of the Ministry of Justice and Law Enforcement.

Company Registry: the Company Information System of the Ministry of Justice and Law Enforcement ('OCCR').

Personal data: any information relating to an identified or identifiable natural person (hereinafter referred to as data subject) and any reference drawn from such information related to the data subject. In the course of data processing, personal data shall be treated as such so long as its connection to the data subject can be restored.

Service: the provison of company information in accordance with the present General Terms and Conditions and the Contract, in Hungarian or as a (certified or not certified) translation depending on the requirements of the Customer.

Contract: agreement concluded between the Service Provider on the one hand, and by the Customer on the other hand on the usage of the Service for a fee, which consists of the present General Terms and Conditions, the registration form completed based on the General Terms and Conditions, and of any additional agreement concluded between the Parties in an email or in writing.

Parties: the parties concluding the Contract, that is, the Service Provider and the Custoemr.

 

2            subject of the Contract, Services

2.1.1        The Service Provider, based on its contract concluded with the Company Service, provides services related to Company Information, with the terms and conditions set forth in the Contract.

2.1.2        According to the present General Terms and Conditions, the Service Provider makes available the following types of Company Information within the framework of the Service:

a)      Business Card: contains the fundamental, effective data related to the company: the company's name, company form, registered seat, the names and registry numbers of its legal predecessor companies (if any), its statistical code, tax number and the number of the company's main bank account. The business card also contains the data of the final settlement, bankruptcy procedure or liquidation procedure, as well as what registration applications have been submitted but not yet adjudicated for the given fields,

b)      Company Registry Extract: contains all data registered in each field of the company registry and effective at the time of the query.

c)      Official Copy of Company Records: contains all effective as well as deleted data registered in each field of the company registry related to the given company.

2.1.3        Company Information defined in section 2.1.2 is available in Hungarian in the following formats:

a)      Electronically: delivery of the Company Information in a version signed electronically with an at least advanced electronic signature, and in a version without an electronic signature.

b)     As a paper based official public document: The essence of this service is that the well-knon paper based, Hungarian company information document (business card, company registry extract or official copy of company records) is obtained from the Company Information Service and delivered to you via the courier service selected by you.

c)      As an electronic public document: unchanged delivery of the Company Information issued by the Company Service in the form of a public document.

2.1.4        Company Information defined in section 2.1.2 is available in foreign languages in the following formats:

a)      Electronically: partially automated translation of the Company Information, in a version signed electronically with an at least advanced electronic signature and in a version without an electronic signature.

b)      Paper based, certified by a translator: delivery by mail of the Company Information in a paper based version in accordance with additional formal requirements agreed with the Customer (eg. notary certification).

2.1.5        Beyond the types of Company Information defined in sections 2.1.1-2.1.4., upon the specific requirements of the Customer, Service Provider may make available certain Company Information in other formats agreed to by the Parties.

2.1.6        The data forming the basis of the Company Information are obtained in all cases directly from the Hungarian Company Registry, from the Company Service.

2.1.7        Customer acknowledges that the translation regulated in section 2.1.4 a) is created by means of a partly automated system, therefore, Service Provider cannot undertake liability for the precision of the translation. Taking into account the current technical level of the company information service provided by the Company Service which forms the basis of the Service, it may occur in certain cases that certain segments are not translated or are translated to English instead of the other language selected. In such a case, based on the error report of the Customer, Service Provider shall correct the error in the shortest time possible, and deliver the corrected translation.

 

3            Using the Service

3.1              Registration

3.1.1        Registration shall take place on the online site provided by the Service Provider under the website of the Service (http://www.companyregister.hu), by completing the steps constituting the process of registration. Customer shall provide valid and complete data in the course of registration.

3.1.2        By registering, and by using the Service, the Customer accepts the present General Terms and Conditions, and the Contract is concluded in accordance with these terms and conditions. The Service will be made available to the Customer when the Customer has successfully completed registration.

3.1.3        Customer shall keep the password belonging to the user name confidential, and may not hand it over to third persons. Service Provider shall not be liable for any damages caused by the breach of this (eg. for the costs incurred through the usage of the Service by such third persons). Customer shall immediately modify his/her password when he/she learns of any unauthorized access or when suspicion or possibility of such arises.

3.1.4        Customer shall provide any changes in data provided during registration immediately under the data modification page provided by the Service Provider.

 

3.2              The process of ordering, means of using the Service

3.2.1        The Customer may place orders primarily via the website of the Service. In a separate contract, however, the Service Provider may make authorize the Customer to access the required Company Information in Hungarian directly through the system of the Company Service (as well).

3.2.2        The usage of the Service (the availability of queries) may be limited by the work order of the contracting partner operating the company information service and computer network services indicated on the website of the Ministry of Justice and Law Enforcement.

3.2.3        The order shall be deemed accepted when the Customer has fully entered the compulsory data entry fields and verification code on the website of the Service, and when the order has been confirmed by the Service Provider in an electronic mail (email). The Service Provider shall not be liable for the damages resulting from any failure to comply with the above, or for technical problems arising in the process.

 

3.3              User balance

3.3.1        The Service Provider shall assign a financial balance to each Customer, using which the Customer may use the Service. The Customer may access the requested Company Information if, his/her balance is equal to or greater than the fee of the requested Company Information according to the fee list.

3.3.2        The Customer's balance may be uploaded by means of a simple bank transfer or by means of the payment methods made available by the Service Provider (eg. PayPal, IEB VPOS).

3.3.3        In case of a simple bank transfer, the sum is credited to the balance of the Customer on the day it is credited to Inter-Europa Bank.

 

3.4              Delivery

3.4.1        Delivery in the form of an electronic document

3.4.1.1              The electronic document is issued automatically, therefore, as a main rule the Company Information is delivered to the Customer immediately following the processing of the order. Should the Company Information not be delivered within 24 hours, the Customer shall immediately notify the Service Provider.

3.4.1.2              In certain rare cases, due to the technical specialities of the company information service provided by the Company Service, it may occur that the translation cannot be prepared automatically. In such cases, the Service Provider shall immediately notify the Customer of the problem occurred and the expected time of delivery.

3.4.1.3              In case of electronic performance of the Service, the Customer shall receive the requested Company Information primarily in an electronic mail, in a pdf or docx format. However, the Service Provider will also make the electronic document available under the website of the Service, through the Customer's user account.

3.4.1.4              The electronic document is in all cases delivered to the Customer in an electronically signed version (as well). The document, in accordance with the previous section, may in certain cases be delivered without an electronic signature as well, however, this is done only for informative purposes, the delivery of the electronically signed version shall constitute the performance of the Service.

3.4.1.5              The Customer shall verify the validity of the electronic signature on the electronic document. The Service Provider shall not be liable for any damages resulting from failure to perform this verification.

3.4.2        Delivery by mail

3.4.2.1              The deadline for the performance of the paper based Service shall be the deadline undertaken by the Service Provider in its email based on the given document and the circumstances; generally this is 1-5 working days.

3.4.2.2              The Service shall be deemed to have been performed when the certified translation of the requested Company Information is sent out by the Service Provider by mail to the Customer. The Service Provider cannot undertake any responsibility for the time of processing of the mail delivery.

3.5              Procedure in case of faulty performance

3.5.1        Should the Customer consider that the non-certified translation contains any errors, the Customer shall immediately notify the Service Provider thereof via the error report page made available by the Service Provider, also providing all information necessary for the correction of the error.

3.5.2        Based on the error notification by the Customer, the Service Provider shall perform the error correction and deliver the corrected version to the Customer. The Service Provider shall not be entitled to an additional fee for such corrected version.

 

3.6              Suspension of the Service

3.6.1        The Service Provider reserves its right to suspend the provision of the Service.

 

4            Payment and invoicing

4.1              Fees

4.1.1        For Company Information accessible through the online site of the Service, the Customer shall pay the fee set out in the offer made available for the given document on the online site. The fees indicated in the fee list are inclusive of VAT.

4.1.2        The Customer acknowledges that the sums available on the online site indicate approximate prices only. The fee actually paid by the Customer may vary slightly from the fee indicated in the fee list, since the fee paid by the Customer depends partly on the banks involved in the transaction (and their related transaction fees, exchange rates).

4.1.3        When the Company Information is accessible to the Customer directly through the Company Service's system, the Customer shall pay for the usage of the Service the fee set out in the fee list set out in the specific contract.

4.1.4        Payment shall be effected by its deduction from the Customer's balance according to section 3.3.

4.1.5.    In accordance with the relevant European Union directive no. 2002/38/EC, invoices issued on companies paying taxes in the European Union and providing their EU VAT number are to be issued exclusive of VAT. Private individuals resident outside the European Union and companies paying taxes outside the European Union are exempt from VAT as well. 

4.2              Invoicing

4.2.1        Parties agree that Service Provider shall issue an electronic invoice on the fee of the requested Service in accordance with decree no 20/2004. (IV. 21.) of the Minister of Finances on electronic invoicing, which the Service Provider signs with an advanced electronic signature and a timestamp.

4.2.2        Taking into account the global nature of the internet, the Service Provider cannot guarantee that the invoice issued by the Service Provider is compliant with the accounting regulations of the county of the Customer as well. The Customer shall notify the Service Provider prior to using the Service if an electronic invoice is not acceptable due to the regulations effective in his/her own country, or if any other special requirements apply thereto.

 

5            Right to use

5.1              Terms of using the Service

5.1.1        Within the framework of the Service, the Service Provider shall make accessible to the Customer the Company Information originating from the Company Registry of the Ministry of Justice and Law Enforcement requested by the Customer. Usage is only allowed in accordance with the authorization provided for in the present Contract. Any usage in excess of the authorization set forth in the Contract shall be unlawful.

5.1.2        The Customer may use the Company Information originating from the Company Registry and delivered by the Service Provider within the framework of the Service exclusively for the performance of his/her own duties, within his/her own organizational framework.

5.1.3        Regarding the Company Information requested within the framework of the Service, it is not allowed:

a)       to transfer or authorize usage of such Company Information to any third person,

b)       to let or lease such Company Information,

c)       to sell or in any other way to further utilize such Company Information,

d)       apart from creating a backup copy, to copy,

e)       to use such Company Information in a manner that constitutes an infringement of the intellectual property or the rights of others.

5.1.4        Should products be delivered to the Customer within the framework of the Service which qualify as the intellectual property of the Service Proider or a third person, the Customer shall only be granted a right to use for such products, to the extend provided for by the Service Provider.

5.1.5        The Service Provider maintains all other usage, utilization, economic, ownership and publication rights in respect of the Company Registry and any other written document facilitating usage.

5.1.6        The rights set forth in the present Contract can in no way be interpreted to grant the Customer any rights to use the underlying company information service (the Company Service). The present Contract does not establish a legal relationship between the Customer and the entity maintaining or operating the database providing the Company Information.

5.1.7        During the term of the Contract, the database may be used by the Customer and persons in an employment relationship or any other legal relationship for the performance of work with it. During the term of the Contract, no third persons may be entitled to right to use.

5.1.8        Should the Customer use the Service or the Company Information in an unauthorized manner or a manner not compliant with the terms and conditions of the Contract, partly or wholly allow its usage to third persons, the Service Provider may request the compensation for its consequent damage.

5.1.9        Should the Customer, either by negligence or intentionally use or modify any electronic document containing Company Information, that the electronic document or the document resulting from such use or modification (eg. printout version of the electronic document containing the Company Information) falsely suggests of a public document, all civil and criminal law consequences thereof shall be borne by the Customer.

5.1.10    Should the Customer make any changes or modifiations or have such changes or modifications made on the provided Company Information, the document or copy thereof, or uses the content of the provided Company Information not by means of the document provided or a copy thereof, in its given ('as is') status (eg. copying certain parts), the Customer may indicate the Ministry of Justice and Law Enforcement, or the Company Information Service Participating in the Electronic Company Procedure as the data source in respect of such modified or utilized company information claiming that the company information was prepared founded (based) on the official data provided by the Company Information Service Participating in the Electronic Company Procedure of the Ministry of Justice and Law Enforcement but modified by the Customer, and that such company information does not qualify as authentic. The Customer shall bear unlimited liability for any legal consequences of the breach of the above.

 

5.2              Liability of the Service Provider

5.2.1        The Service Provider shall be liable for the identity of the data transmitted by it with the data received by the Service Provider from the database providing the Company Information. The Service Provider cannot undertake liability for false performance or any damage incurring as a result of false base data.

5.2.2        The Customer acknowledges that the not certified translation is intended for informative purposes only, and should he/she need precise and error-free data, he/she shall request a cerfified translation.

5.2.3        The Customer acknowledges that in the course of the preparation of the non-certified translation, the Service Provider is entitled to use a translation mechanism developed by it specifically for this purpose, but for the 100% error-free operation it cannot be held liable for.

5.2.4        The Service Provider shall be responsible for any translation errors only in case of requesting a certified translation, or otherwise in case of its intentional or grossly negligent breach of contract. The Service Provider shall be liable for the damages resulting from translation mistakes only up to the fee of the Service.

5.2.5        The Service Provider shall examine program errors reported by the Customer before the update following the error report, and to the extent possible, correct such errors.

5.2.6        The Customer shall precisely follow the process of payment. The Service Provider does not undertake liability for damages resulting from erroneous handling (eg. multiple transfers, and shall not repay any fees.

5.2.7        The Service Provider shall not be liable, either directly or indirectly, for any damages resulting from the usage of the Company Information, including but not limited to lost profits, business interruptions, data loss and other similar damages, even if the Service Provider was informed of the possibility of such damages.

5.2.8        The Service Provider excludes its liability for all damages resulting from the unprofessional or illegal usage of the Service or the Company Information.

5.2.9        The above limitations of liability do not affect the liability of the Service Provider for damages caused intentionally, with gross negligence or by means of a criminal act, and for breach of contract causing damage to life, bodily harm, or damage to health as set out in section 314. (1) of the Civil Code. Parties acknowledge that the fees of the Services (especially the low fee of the non-certified translations) has been determined taking into account the limitations of liability set out in the present Contract.

 

6            Data protection

6.1              Principles of data protection

6.1.1        Taking into account that the concept of personal data may be interpreted only in connection with natural persons (based on section 2 (1) of Act LXIII of 1992 on the protection of personal data and the publicity of information of public interest), the provisions related to data processing and the protection of personal data of users apply exclusively to natural persons, therefore, the terms and conditions regulated in the present chapter are applicable to the processing of the personal data of natural persons only.

6.1.2        The usage of the services of the Service Provider involving the processing of personal data and the provision of such data is done on a completely voluntary basis. Data processing by the Service Provider is based on the deemed consent of the Customer, and on Act CVIII of 2001 on electronic commercial services and information society related services.

6.1.3        By means of registration and using the Service, the Customer consents to the data processing of the Service Provider in accordance with the Contract.

6.1.4        In respect of the personal data processed in relation with the Service, the Service Provider shall qualify as the data controller. In case of Company Information being requested directly through the online site of the Company Service, both the Service Provider and the Company Service perform certain data processing. In the course of using the payment system, the cooperating CIB Bank shall process data to the necessary extent, and shall perform data transmission towards the Service Provider on the transaction to the necessary extent.

6.1.5        The duration of the processing of personal data in relation with the Service shall last up to the duration of existence of the legal relationship with the given user, on the termination of which duration the data related to the given user and provided by such user shall be deleted. However, this does not affect the further processing of documents and data related to or connected to the usage of the Service (especially traffic data, the storage of invoices).

6.1.6        The Service Provider shall always perform the processing of personal data in compliance with the effective Hungarian laws. The Service Provider may send electronic mail qualifying as advertisement only based on the expressed consent of the Customer.

6.1.7        The purpose of data processing by the Service Provider in relation with the Service is the identification of the Customer and the effective, safe provision of the Service, the prevention of operational problems and the enforcement of the provisions of the Contract, as well as the monitoring of performance in accordance with the Contract. The Service Provider may store data processed by it only to the extent and duration required by the given purpose.

6.1.8        The Service Provider shall apply adequate security measures for the protection of the data files managed by it, and within the framework of this it shall apply those technical and organizational measures, and establish those procedural rules which are necessary for the enforcement of data protection rules, especially to prevent unauthorized access, modification, publication or deletion, injury or destruction.

6.1.9        The Customer may perform the correction, or in certain cases, the deletion of data on the online site of the Service. The Customer may exercise its other rights related to data processing at the customer service of the Service Provider available electronically (via email).

6.1.10    Upon the request of the Customer, the customer service shall provide information on the data processed by it or by a data processor entrusted by it, the purpose, legal grounds and duration of data processing, the name and address (registered seat) of the data processor and its activities related to data processing, and on who and for what purpose receive or have received such data. The data controller shall provide such information in the shortest time possible, but at most within 30 days from the submission of such query in writing, in an easy to understand manner.

6.1.11    Pursuant to the applicable laws, the Customer may seek legal redress if he/she considers that the Service Provider is in breach of the data processing, data security, information provision or notification, correction or deletion requirements set forth by the law. Prior to turning to the court, the Customer shall call on the Service Provider to comply with such requirements, indicating what he holds a breach of law precisely.

 

7            Modification of the Contract

7.1.1        The Service Provider may modify the General Terms and Conditions unilaterally, especially if such modification

a)      is necessary due to a change in law or an authority decision;

b)      is necessary due to a material change in the circumstances of the Service (especially in the market environment, the terms and conditions of the underlying services);

c)      consists of the modificatoin of the fees of the Service.

7.1.2        The Service Provider shall call the attention of the Customer to the modification of the General Terms and Conditions in the notification published on the website of the Service. Such notificatino shall include a short summary of the essence of the modifications and the date of entry into force of these modifications.

7.1.3        By using the Service by the Customer following the entry into force of the modification of the General Terms and Conditions the Customer shall accept the modifications by the Service Provider, with a retroactive effect to the effective date indicated by the Service Provider.

7.1.4        Any other modification of the Contract is possible exclusively on the mutual agreement of the Parties.

 

8            Termination of the Contract

8.1.1        The Contract is concluded by the Parties for an indefinite time period.

8.1.2        The Contract shall terminate in the following cases:

a)      by means of its ordinary termination by either Party, with a fifteen day termination period,

b)      if it is terminated on the mutual agreement of the Parties,

c)      with an immediate effect, if it is terminated by either of the Parties with an extraordinary termination in the cases stipulated in the present Contract,

d)      with an immediate effect and automatically if either of the Parties is terminated without a legal successor.

8.1.3        In case of a breach of contract or an omission of either Party, the other Party may terminate the Contract with an immediate effect.

8.1.4        In case of termination by the Service Provider, if the reason thereof is a breach of contract by the Customer, the Service Provider may impose limitations on the Services in the termination period.

8.1.5        In case of the termination of the Contract, the Parties shall make an accounting within fifteen days from the date of termination. Within the framework of this, the Service Provider shall refund to the Customer any sums paid by the Customer and credited to the balance of the Customer but not yet used.

 

9            Miscalleneous provisions

9.1.1        The Parties agree that the law applicable to the present Contract (and any legal disputes originating therefrom) shall be Hungarian law.

9.1.2 The Parties shall inform each other of any essential circumstances in due time. The Party failing to comply with this shall be held liable for the consequent damages. The Service Provider shall ensure continuously that anyone can access the effective General Terms and Conditions on the website of the Service Provider.

9.1.3        The Contracting Parties shall settle any disputes arising in the course of the present Contract primarily without litigation, by means of negotiations. For the case of failure of such settlement, depending on the competence, stipulate the exclusive jurisdiction of the Pest Central District Court or the Municipal Court in Hungary.

9.1.4        Regarding issues not regulated in the present Contract, the provisons of the Hungarian Civil Code on agency shall primarily apply.