GENERAL CONTRACTUAL TERMS AND CONDITONS
The present contractual terms and conditions (hereinafter: ”ÁSZF”) shall regulate the conditions related to the services described below and offered by MSD Ltd. (hereinafter: ”Service Provider”):
Data of the Service Provider:
- Company name: MSD Ltd.
- Seat: H-8229 Csopak, Szőlőskert utca 19.
- Registration number 19-09-514798
- Authority keeping the records: Court of Registry of the Veszprém Court
- Tax number: 13894427-2-19
- Community tax number: HU13894427-2-19
- Email (hereinafter: „E-mail address”): email@example.com
- Internet address (hereinafter: ”Homepage”):www.myshopdisplay.com, www.wallboard.info
Through the service rendered by the Service Provider, the user may define and control, through an online application, the contents of any number of remote Android based displays (hereinafter: ”Service”). The Service is described in details on the Homepage.
- MAKING USE OF THE SERVICE
The Service may be utilized by any natural person of age and legal capacity, legal entity or organization without legal personality (hereinafter: ”User”).
The utilization of the Service is subject to the registration to the Homepage, in the course of which the following data have to be given:
- a) nickname (user name)
- b) email address
In lieu of providing the above data, one can register through his Google box as well, by email authentication.
Following registration, the User will receive confirmation by email about his registration.
The registration is subject to the acceptance by the user of the Service Provider’s rules on data management which are, at any time, available on the Service Provider’s Homepage (hereinafter: ”Rules on Data Management”).
- Contract conclusion
The contract for the utilization of the Service (hereinafter: ”Contract”) shall be concluded on the Homepage by the acceptance of the present ÁSZF (marking the checkbox concerning the acceptance of the ÁSZF and pressing the ”next” button). The present ÁSZF includes the provisions of the Contract concluded between the Service Provider and the User. The language of the Contract is Hungarian and the Contract shall not be considered as one drawn up in writing.
The present ÁSZF shall be available on the Service Provider’s Homepage at any time.
The Service Provider informs the User that no Code of Conduct applies to the Service.
- Making use of the Service
Based on Section 19 of the Government Decree 45/2014. (II.26.) Korm. on the detailed rules of contracts between consumers and undertakings (hereinafter: ”Decree”), the Service Provider informs the User that no matter when the Service is used, the Service Provider may launch performance even before the deadline of termination right provided for in Subsection (2) of Section 20 of the Decree.
The Service may be utilized through free packages and pay packages. The exact contents of the packages and the fee of the pay packages as well as the method of payment are included on the Homepage.
The User may, at any time, change his package. For packages with monthly subscription even interim change is possible. In such a case the subscription will be closed and opened time proportionately. For monthly subscription, the accounting date of subscription (invoicing and accounting day) shall be the day when the subscription is activated in the month concerned.
When the registration is deleted or the package is changed to the free one, the Service Provider shall not refund the fee for the remaining part of the periodical (monthly) subscription of the term concerned.
- TERMINATION OF THE CONTRACT
The Contract included in the present ÁSZF and concluded with the Service Provider shall be terminated by deleting the registration.
- The Service Provider’s right to terminate the contract
The Service Provider has the right to terminate the contract by sending notice to the User by email, with effect of the coming accounting day. The unused subscription fee shall not be refunded in such a case, either.
- The User’s right to terminate the contract
The User may, at any time, terminate the Contract by sending to the Service Provider a notice to the email address firstname.lastname@example.org or to the Service Provider’s seat by mail. The Contract shall be considered as terminated when the User’s notice is delivered to the Service Provider. The Service Provider shall delete the User’s data in accordance with the Rules on Data Management.
If, after sending his notice, the User begins utilizing the Service, his act shall be deemed as initiation to conclude a new contract, through which he shall repeatedly accept the present ÁSZF.
The User may exercise his right of termination
- a) by using the sample declaration included in Annex 1, or
- b) by making an express declaration to that end.
If the Contract is terminated by the User, he shall not be entitled to any refund.
- FILES UPLOADED AND CAMPAIGN LOGICS MADE BY CLIENTS
- Rights of third persons, liability
Through accepting the present ÁSZF and when the Service is used, the User represents and warrants that no third persons have any right related to the motion picture uploaded (with special right but not limited to copyright, trademark or rights associated with personal rights e.g. rights related to effigy, sound records, honor, good reputation or privacy) which is prejudiced or may be prejudiced by using the Service.
Within the framework of the Service, no motion file shall be used which contravenes public morality, public decency, gives rise to public scandal or which includes autocracy symbols, manifests crime or offense.
Furthermore, no damaged files or files possibly causing damage to the IT system of the Service Provider or other persons, deleting or amending data or implementing other non-contractual data operation shall be used.
To the highest extent facilitated by the governing law, the Service Provider excludes all his liability in relation to the above.
If, despite the exclusion of liability, any obligation to fulfill commitment is generated for the Service Provider in relation to the files uploaded or the conduct of the User, the User shall indemnify the Service Provider to the highest possible extent, upon the first call by the Service Provider.
The User expressly understands that he may upload to the Homepage only files (visual, sound and/or motion ones) the copies of which are available on his own data-carrier. To the highest extent facilitated by the governing law, the Service Provider excludes damages to the files uploaded by the User and to the campaign logics made in the Service Provider’s system (destruction, amendment, etc.), no matter who is to blame for such.
The User shall make use of the Service expressly in the light of the exclusion of liability stipulated hereunder and understood and accepted by the User.
- Storing the files
The Service Provider shall store the visual, sound and/or motion files and campaign logics uploaded at the most for 180 days following the termination of the Contract but the User shall have no claim in respect of storing. As a result, to the highest possible extent, the Service Provider excludes his liability if, before the end of the storing period, the files are no longer available. The Service Provider shall delete the uploaded files for good at the latest when the term of storing expires.
The Service Provider shall store the files given or uploaded by the User at his own hosting or through the following web hosting:
Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
- MAKING USE OF THE SERVICE
- COUNTER-VALUE AND INVOICING
If the Service Provider stipulates the obligation to pay a fee for the utilization of the Service, the related fee and the modes of payment shall be communicated by him on the Homepage.
The fee for using the service shall be paid in advance, through monthly subscription before the Service is used.
The subscription fee shall be invoiced through the ‘számlázz.hu’ service of KBOSS Kft. (2000 Szentendre, Táltos u. 22/b). The User shall give the data stated on the Homepage and necessary for issuing the invoice to the Service Provider, who shall forward it to KBOSS Kft. for making out the invoice. The invoice may be downloaded by the User from the Homepage.
- MANAGING COMPLAINTS
During the term of the Contract, the User may lodge his complaints via mail to the seat of the Service Provider or by email to the email address. The Service Provider undertakes to give reply to the complaints of the User within 15 workdays by mail or, if the complaint was sent by email, by email forwarded to the email address communicated by the User in his complaint.
If any possible dispute between the User and the Service Provider cannot be settled through negotiations with the Service Provider, the User will have the following possibilities to seek legal remedy:
a) Lodging a complaint to consumer protection agencies. If the User, in his capacity of consumer, learns of any violation of his rights, he will have the right to submit his complaint to the consumer protection agency competent at his place of residence. After the complaint is adjudged, the agency shall decide on the institution of consumer protection proceedings.
b) Arbitration board. For the amicable, out-of-court settlement of possible legal disputes related to the quality and safety of the Service, to the application of rules, as well as to the conclusion and performance of the Contract, the User may, in his capacity as a consumer, initiate proceedings at the arbitration board attached to the professional chamber that is competent at the place of residence of the User in Hungary.
Contact data of arbitration boards are available at:
Further information (including the sample application form): www.bekeltetes.hu
c) Court proceedings. The User has the right to enforce his claim before court within the framework of civil law proceedings, in accordance with the provisions of the Civil Code as well as Act III of 1952 on Civil Proceedings.
The competent arbitration board competent at the place of the seat of the Service Provider is the Budapest Arbitration Board attached to the Budapest Chamber of Commerce and Industry. Contact data:
- Address: 1016 Budapest, Krisztina krt. 99.
- Telephone: 0036-1-488-2131
- Fax: 0036-1-488-2186
- E-mail: email@example.com
The Hungarian law shall be governing to the present ÁSZF, and the ordinary courts of Hungary shall have jurisdiction in respect of it.
The Service Provider may unilaterally amend this ÁSZF and the amendment shall come into force when published on the Homepage. The User accepts the amended ÁSZF through the using of the Service.
Sample notice of termination
Addressee: I/we, the undersigned declare that I/we exercise my/our right to terminate the contract concluded for the provision of the following service:
Date of contract conclusion/ date of receipt:
Name(s) of the User(s):
User’s email address given upon registration or used through the Google authentication:
User’s nickname given upon registration:
Address of the User(s):
Signature of the User(s): (only for declarations made on hardcopy)