General Terms and Conditions

1. Definitions

Service Provider: eGov Tanácsadó Korlátolt Felelősségű Társaság (eGov Consulting Ltd.)
Registered seat: H-1054 Budapest, Zoltán utca 8. félemelet 1.
Company registry number: Cg. 01-09-707490
Tax number: 12870491-2-41
EU VAT number: HU12870491
E-mail: finance@companyregister.hu
Phone: +36 20 411 1668

Customer: the natural person, legal entity or business association without legal personality using the services provided by the Service Provider under this Contract.

Data processing: the term as defined in Article 4 (2) of Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation, GDPR).

Company Information: the information defined in section 13 (1) of Act V of 2006 on the publicity of companies, court registration proceedings and voluntary liquidation, and in section 2 of Decree 1/2006. (VI. 26.) IRM on the operation of the Company Information and Electronic Company Registration Service and the fees of company information.

Company Service: the Company Information and Electronic Company Registration Service of the Ministry of Justice of Hungary.

Company Database: the company information system operated by the Company Service.

Personal data: any information relating to an identified or identifiable natural person, as defined in Article 4 (1) of the GDPR.

Service: the provision of Company Information under these General Terms and Conditions and the Contract, in Hungarian or as a translation into a foreign language, as requested by the Customer.

Contract: the agreement between the Service Provider and the Customer on the use of the Service for a fee, consisting of these General Terms and Conditions, the electronic registration form completed by the Customer, and any further agreement of the Parties made electronically or in writing.

Parties: the parties to the Contract, namely the Service Provider and the Customer.

2. Subject of the Contract, Services

2.1.1. Based on its agreement with the Company Service, the Service Provider provides services related to Company Information under the terms of the Contract.

2.1.2. Within the Service, the Service Provider makes the following types of Company Information available:

1. Company profile: the essential, current data of the company: its name, company form, registered seat, the names and registry numbers of its legal predecessors (if any), its statistical code, tax number and main bank account number. The company profile also contains the data of voluntary liquidation, bankruptcy or liquidation proceedings, and the change requests submitted but not yet decided for its fields.
2. Company extract: all entries in the fields of the company register that are in force at the given time.
3. Company history: all current and deleted entries in the fields of the company register relating to the given company.

2.1.3. The Company Information under section 2.1.2 is available in Hungarian electronically: the document issued and electronically signed by the Company Service is forwarded unchanged.

2.1.4. The Company Information under section 2.1.2 is available in English and German in the following forms:

1. Electronically: the certified translation made by the Company Registry, with an electronic signature.
2. On paper: the paper document with the official certified translation issued by the Company Service, delivered to the Customer by courier. At the Customer's request and for an extra fee, the document is also available with additional notarial certification or an apostille.

2.1.5. In addition to the types of Company Information under sections 2.1.2-2.1.4, the Service Provider may, at the specific request of the Customer, make certain Company Information available in other forms agreed by the Parties.

2.1.6. The data underlying the Company Information always come directly from the Hungarian company register, from the Company Service.

2.1.7. The Customer acknowledges that the foreign-language Company Information is translated by the Company Registry, and the Service Provider does not change the content of the translation. If the Customer finds an error in the translation, it may report it under section 3.5.

3. Using the Service

3.1. Registration

3.1.1. Registration takes place on the online interface provided by the Service Provider on the website of the Service (https://www.companyregister.hu) by completing the steps of the registration process. The Customer shall provide true and complete data during registration.

3.1.2. By registering and using the Service, the Customer accepts these General Terms and Conditions, and the Contract is concluded under these terms. The Service becomes available to the Customer once the Customer has completed the registration and confirmed its e-mail address.

3.1.3. The Customer shall keep the password of its account confidential and may not disclose it to third parties. The Service Provider is not liable for any damage resulting from a breach of this obligation (e.g. costs arising from the use of the Service by such third parties). The Customer shall change its password immediately upon learning of, or suspecting the possibility of, unauthorised access.

3.1.4. The Customer shall immediately update any change in the data provided at registration on the data modification page provided by the Service Provider.

3.2. Ordering

3.2.1. The Customer places orders on the website of the Service. In a separate contract, the Service Provider may allow the Customer to access the requested Company Information in Hungarian directly in the system of the Company Service as well.

3.2.2. The availability of the Service (of queries) may be limited by the working schedule of the Company Service and of its contractual partner providing the company information and computer network services.

3.2.3. An order is accepted when the Customer has completed all mandatory fields and the verification code on the website, has paid the fee, and the Service Provider has confirmed the order by e-mail. The Service Provider is not liable for damage resulting from a failure to do so, or for technical problems beyond its control arising during the process.

3.3. Payment

3.3.1. When finalising the order, the Customer pays by bank card on the secure payment page of CIB Bank Zrt. The card data are processed exclusively by CIB Bank; the Service Provider has no access to them.

3.3.2. After a successful payment, the Service Provider fulfils the order. If the payment fails, no order is placed and the payment can be repeated.

3.4. Fulfilment of the order

3.4.1. Fulfilment as an electronic document

3.4.1.1. The electronic document is issued automatically, so as a rule the Company Information is sent to the Customer immediately after the order has been processed. The Customer shall notify the Service Provider if the Company Information has not been received within 24 hours.

3.4.1.2. In rare cases, due to the technical characteristics of the company information service of the Company Service, the document may not be produced automatically. In such a case, the Service Provider immediately informs the Customer of the problem and of the expected delivery date.

3.4.1.3. For Services fulfilled electronically, the Customer receives the requested Company Information by e-mail. The Service Provider also makes the electronic document available in the Customer's account on the website of the Service.

3.4.1.4. The electronic document is always sent to the Customer with an electronic signature. The Service is fulfilled by sending the electronically signed version.

3.4.1.5. The Customer shall verify the validity of the electronic signature on the electronic document. The Service Provider is not liable for damage resulting from a failure to verify it.

3.4.2. Delivery by courier

3.4.2.1. The delivery time of the paper-based Service is the deadline shown by the Service Provider at the time of ordering or undertaken by e-mail for the given document, typically 1-5 working days.

3.4.2.2. The Service Provider delivers the paper document by DHL courier to the address given by the Customer. The Service is fulfilled when the consignment is handed over to the courier. The Service Provider is not liable for the delivery time of the courier.

3.5. Defective performance

3.5.1. If, in the Customer's opinion, the Company Information or its translation contains an error, the Customer shall notify the Service Provider without delay via the complaint interface provided by the Service Provider, giving all information needed to identify the error.

3.5.2. The Service Provider investigates the complaint, initiates a correction with the Company Service where necessary, and sends the corrected document to the Customer free of charge.

3.6. Suspension of the Service

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

4. Payment and invoicing

4.1. Fees

4.1.1. For the Company Information available on the online interface of the Service, the Customer shall pay the fee of the offer for the given document published on the online interface.

4.1.2. The Service Provider shows the fee payable in Hungarian forints, including VAT, before the order is finalised. For bank cards in a foreign currency, the conversion is made by the card-issuing bank.

4.1.3. If the Customer accesses Company Information directly through the system of the Company Service, it shall pay the fee set out in the separate contract.

4.1.4. Payment is made by bank card under section 3.3.

4.1.5. Under Council Directive 2006/112/EC on the common system of value added tax, no VAT is charged on invoices issued to companies taxed in the European Union that provide a valid EU VAT number. Furthermore, no VAT is charged to natural persons resident outside the European Union and to companies taxed outside the European Union.

4.2. Invoicing

4.2.1. The Service Provider issues an electronic invoice for the fee of the requested Company Information under Act CXXVII of 2007 on value added tax, with an electronic signature and a time stamp.

4.2.2. Given the global nature of the internet, the Service Provider cannot guarantee that its invoice complies with the accounting rules of the Customer's country. Before using the Service, the Customer shall indicate if an electronic invoice is not acceptable under the rules of its own country, or if any other special requirement applies.

5. Right of use

5.1. Conditions of use of the Service

5.1.1. Within the Service, the Service Provider makes available to the Customer the Company Information requested by the Customer from the Company Database. Use is permitted only under the rights granted in the Contract. Use beyond the rights set out in the Contract is unlawful.

5.1.2. The Customer may use the Company Information made available within the Service only for its own purposes, within its own organisation.

5.1.3. It is prohibited to:

1. transfer the Company Information requested within the Service to third parties or let them use it,
2. lend, rent or lease it,
3. sell it or exploit it in any other way,
4. copy it, except for making a backup copy,
5. use it in a way that infringes the intellectual property or other rights of others.

5.1.4. If products qualifying as intellectual works of the Service Provider or of third parties are handed over to the Customer within the Service, the Customer acquires only a right of use of such products, to the extent specified by the Service Provider.

5.1.5. The Service Provider reserves all other rights of use, exploitation, property and publication relating to the Company Database and to any written material supporting its use.

5.1.6. The rights granted under this Contract shall in no way be construed as the Customer acquiring a right to use the underlying company information service (Company Database). This Contract does not create a legal relationship between the Customer and the maintainer or operator of the database providing the Company Information.

5.1.7. During the term of the Contract, the Company Information may be used only by the Customer and by persons employed by it or working for it under another work-related legal relationship.

5.1.8. If the Customer uses the Service or the Company Information without authorisation or otherwise than under the terms of the Contract, or allows its use in whole or in part to third parties, the Service Provider may claim compensation for its resulting damage.

5.1.9. If the Customer - negligently or intentionally - uses or alters any electronic document containing Company Information in such a way that the electronic document, or the document resulting from the alteration or use (e.g. a printed version of the electronic document), may give the appearance of a public document, the Customer bears the civil and criminal liability for such act.

5.1.10. If the Customer makes or has made any alteration to the Company Information provided, its document or a copy thereof, or uses the content of the Company Information otherwise than through the document provided or its copy in its given ('as is') state (e.g. by copying individual data), the Customer may indicate the Company Service as the source of the data of the Company Information so altered or used only by stating that the company information was prepared on the basis of the official data available to the Company Service, but processed by the Customer, and that the company information is not authentic. If the Customer breaches the above, it bears full liability for the resulting legal consequences.

5.2. Liability of the Service Provider

5.2.1. The Service Provider is responsible for the data it transmits being identical to the data received from the Company Service. The Service Provider is not liable for incorrect performance or any damage resulting from incorrect underlying data.

5.2.2. The Customer acknowledges that the foreign-language Company Information is translated by the Company Registry; the Service Provider is not liable for the content of the translation. For paper-based Company Information, the official certified translation is issued by the Company Service; at the Customer's request, additional certification is carried out by a notary public.

5.2.3. The Service Provider investigates software errors reported by the Customer and corrects them as far as possible.

5.2.4. The Customer shall follow the steps of the payment accurately. The Service Provider is not liable for damage resulting from incorrect use.

5.2.5. The Service Provider is not liable, directly or indirectly, for any damage resulting from the use of the Service or of the Company Information, including loss of profit, interruption of business relations, loss of data and the like, even if the Service Provider has been informed of the possibility of such damage.

5.2.6. The Service Provider excludes its liability for any damage resulting from improper or unlawful use of the Service or of the Company Information.

5.2.7. The above limitations of liability do not affect the liability of the Service Provider under section 314 (1) of the Civil Code for damage caused intentionally, by gross negligence or by a criminal act, or for breach of contract causing damage to life, physical integrity or health. The Parties accept that the fees of the Service have been set in view of the limitations of liability under this Contract.

6. Data protection

6.1. The Service Provider processes the personal data of the Customer in accordance with Regulation (EU) 2016/679 (GDPR) and the applicable Hungarian laws. The details of data processing are set out in the Privacy statement published on the website of the Service.

7. Amendment of the Contract

7.1.1. The Service Provider may unilaterally amend these General Terms and Conditions, in particular

1. if justified by a change in legislation or by an official decision;
2. if justified by a significant change in the circumstances of the Service (in particular in market conditions or in the conditions of the underlying services);
3. in the event of a change in the fees of the Service.

7.1.2. The Service Provider shall draw the Customer's attention to any amendment of the General Terms and Conditions in a notice published on the website of the Service. The notice shall contain a brief description of the essence of the amendments and the date of their entry into force.

7.1.3. By using the Service after the amendment of the General Terms and Conditions has entered into force, the Customer accepts the amendments made by the Service Provider.

7.1.4. Any other amendment of the Contract is possible only by mutual agreement of the Parties.

8. Termination of the Contract

8.1.1. The Parties conclude the Contract for an indefinite period.

8.1.2. The Contract terminates

1. by ordinary notice of either Party with a notice period of fifteen days,
2. by mutual agreement of the Parties,
3. with immediate effect, if either Party terminates it by extraordinary notice in the cases under this Contract,
4. with immediate effect and automatically, if either Party ceases to exist without a legal successor.

8.1.3. In the event of a breach of contract or default by either Party, the other Party may terminate the Contract with immediate effect.

8.1.4. In the event of termination by the Service Provider, the Service Provider may restrict the Service during the notice period if the termination is due to a breach of contract by the Customer.

9. Miscellaneous

9.1.1. The Parties agree that this Contract (and any disputes arising from it) shall be governed by Hungarian law.

9.1.2. The Parties shall inform each other in time of all significant circumstances affecting the performance of the Contract. The defaulting Party is liable for any damage resulting from a failure to do so. The Service Provider continuously ensures that anyone can view the current General Terms and Conditions on its website.

9.1.3. The Parties shall settle any disputes arising under this Contract primarily out of court by negotiation; failing this, depending on jurisdiction, the Pest Central District Court or the Metropolitan Court shall have exclusive jurisdiction.

9.1.4. Matters not regulated in this Contract are governed primarily by the provisions of the Hungarian Civil Code on agency contracts.