General Terms and Conditions

Transcription

1 General Terms and Conditions These General Terms and conditions (GTC) contains the conditions of use of the online service for OptiMonk system, operated by Webshop Marketing Kft. (4028 Debrecen, Kassai út 129.; Cg ). Clicking on the order form "I accept the terms and conditions" button or by completing the order form during registration the user contracts with the Webshop Marketing Ltd., accepting the present Terms and Conditions. Webshop Marketing Ltd. (hereinafter referred to as OPTIMONK) reserves the right to unilaterally modify the contract. OPTIMONK informs User in a short notice about the modification. The place of the information can be the surface of Optimonk online service as a rental system, the newsletter sent by OPTIMONK or a notice to the addresses given by the users during the registration. 1. The subject of the Contract OPTIMONK provides a "customizable exit popup overlay" system for the User (hereinafter referred to as Popup), with which users can present and sell products. Operated by the OPTIMONK online rental service for Popup services available for the legal and legal capacity of persons and entities, who register on the website OPTIMONK. By registering or filling out the order form to acknowledge that legally capable person over 18 years of age or a representative of the business organization; in each case he registers on its own or on behalf of the entity he represents, with his real personal details and contact information. During registration the user is required to give real data referring to him. The OPTIMONK, if it becomes aware that the range specified by the user contains no actual data elements (also), has the right to restrict access partially or entirely, or exclude user from usage of OPTIMONK online service. 2. Duration of contract Parties shall be concluded for an indefinite period, but at least for the time of the subscription package chosen by the user when ordering the subscription period contains. 3. Rental fee day free trial period All the users when applying for the first time the first Popup are provide a 14-day free trial time by OPTIMONK. During this period, the Popup is working properly on the selected package due to normal conditions of use. Until the end of the free trial period Popup operation may be terminated at any time without apparent justification. If the user does not indicate willingness to pay during the 14 day-trial, the Popup registered will be deleted irrevocably with all of the data, User can not demand its contents from OPTIMONK and can not claim for compensation.

2 3.2.Methods to pay the rental fees If the user indicates his subscription will by completing the order form and subscribes to this service, OPTIMONK send a prepayment request based on the selected tariff plan, to the address given by the user. User when ordering pays the rent in advance for OPTIMONK. The amounts paid are recorded by OPTIMONK and it provides usage of the system for the user, depending on the package ordered. Within five working days after the date of settling prepayment request by bank transfer (credit) OPTIMONK sets up an electronic invoice of the subscription for user, which it sends to the user's address, and then validates the subscription for the period and the conditions specified in the tariff plan and this way it activates popup. Opening of the subscription period is the sharp activation date. If OPTIMONK is not able to establish the required service due to technical reasons within 15 days of the bank credit, it shall notify the User in writing. The subscription packages that define the duration of the service, its fee, the usable Popup functions and define maximum number of marketable products registered in the Popup can be viewed on the OPTIMONK website. OPTIMONK reserves the right to change the service fees on not retroactive basis. OPTIMONK shall issue a prepayment request for the user eight days prior to the expiration of the applicable subscription period for the next period based on the current subscription construct which prepayment request it will send to the user's address given by the user. The amount specified by this prepayment request User is required to transfer to the OPTIMONK bank account within 8 days. Within five working days of the settlement of the amount OPTIMONK produces an electronic invoice for the user that is sent to the user s specified address. The regular rental fee of the Popup which can be rented as a online service includes the continuous operation of the software defined further on. The regular net rent is calculated based on the subscriber's design (as shown below). User performs the payment in Forints for the OPTIMONK account. OPTIMONK can ensure the rates through normal use according to the rules during the operation of the service. Normal use according to the rules means maximum 10,000 unique page visits on average among others. OPTIMONK reserves the right to provide service in part or in its entire limit, if Customer has not paid their due rents. OPTIMONK rents are to be paid during the period of suspension due to the delay in payment. 3.3.Subscription packages The exact subscription packages and the list of features and limitations contained therein can be viewed at OPTIMONK reserves the right to unilaterally modify these features and limitations. 4. OPTIMONK obligations OPTIMONK provides to use Popup as rented online service for the user as set out in our Terms and Conditions. If OPTIMONK causes damage to Users carelessly - Subject to the

3 nature of this service it is OPTIMONK s liability, if User has acted with due diligence (including, but not exhaustively: arranged continuous data rescue, regulated system access privileges by the event of loss he was due diligence in the course of compensation), so OPTIMONK is bound to restore the original condition, as well as to the compensation for professional support, for which no remuneration it may apply. If the delay in providing information by the User or due to any other reasons OPTIMONK - due to circumstances outside the control of its own - can not the service defined in the Terms and Conditions, OPTIMONK must immediately inform the User. OPTIMONK shall immediately notify the User if it becomes aware of any circumstances that would prevent the performance of the services, or handicap. The failure notification obligation liability associated with service level reduction is at OPTIMONK's expense. OPTIMONK shall not be liable for damages resulting from improper use of the program. OPTIMONK may also not be liable for lost profits. In fulfillment OPTIMONK may take subcontractor. Conditions of subcontractors: OPTIMONK is responsible for its subcontractor for meeting all quality requirements and time limits shall be liable as if the work had been carried out entirely by itself; OPTIMONK ensures its subcontractor operates in accordance with OPTIMONK business secrecy. During the performance of this contract OPTIMONK is not responsible for the exploration and improvement of the user s erroneous data recording, and the resulting error detection and repair. 5. User s obligations User is required to accept OPTIMONK s contractual performance and has to pay remuneration for the performance for OPTIMONK. The user is required to provide OPTIMONK assistance needed to meet this service. User is responsible for treating, recording, administering the products found in the popup in all cases. OPTIMONK does not participate in the sales process registered in the user s Popup, there is no form of relationship with the customer, with whom only the user has a contract. The user is liable solely for solidity of data found in the popup. User assumes all legal obligations to meet in connection with the website and Popup operation, (all-time valid indication of company data, etc), as well as to set any changes in the company's information on Popup administration interface. OPTIMONK provide resources to it through the service functions. In case of non-completing the obligation to provide information OPTIMONK is entitled to suspend the publicly accessible portion of the visitors to the service until completion of documents. User declares that he is aware of the rules of the Internet mail sending. OPTIMONK not responsible for the content of the data traffic generated during the use of the service.

4 OPTIMONK is entitled to fully or partially restrict the use if the user s software service harms a third party or the relevant legislation in force. The user performs the access of privileges of his management staff with a system administrator designated by the user. The user has the option to add staff, delete or modify data of existing staff employees as well as to activate and inactivate. OPTIMONK does not take any responsibilities for secure storage of user s passwords and the resulting damage. OPTIMONK operator for maintenance personnel shall be entitled to login the user s Popup. 6. Description of Hardware and Software requirements Popup SaaS (Software as a Service / rented software as a service) is web-based software services that requires an Internet connection. OPTIMONK operates the popup on the servers provided by itself. Service provided by the user on servers not owned by OPTIMONK is not possible. Terms of log in are the following: Broadband Internet connection; computer capable of running Internet browser; Active knowledge of user name and password; username and password to log in can be used only one place at a time. Working conditions are as follows: Log in conditions are fulfilled; User has paid the current service fees to OPTIMONK no overdue debts. Supported browsers and their versions: Internet Explorer 8+ Mozilla Firefox 22+ Google Chrome 27+ Opera 15+ Safari 5+ (on Windows system) Android Browser Android 2.3+ Google Chrome for Android 27+ Opera Mobile Browser Apple ipad Safari 6+ (Mac OS X) Apple OS X Safari Availability OPTIMONK guarantees the software provided by it meets 99% level of service availability

5 per year of the 0-24 hour service. This provides a maximum of 3.65 days per year opportunity for OPTIMONK to stop for services, pre-planned and announced maintenance periods with other problems together. If the OPTIMONK does not meet the 99% availability level, for each additional minute loss 10 minutes of free service are given in exchange in extension. 8. Customer Service Communication between the user and OPTIMONK is made in writing, between info@optimonk.hu address and the address given at user's registration or configured on the administration interface. The customer service form found on can be used for reporting errors. In case of error reporting, the letter should include the operating system used the when failure occurred, its version number, any data of updating, the name and the exact version number of the browser, the time of the error causing, the steps taken and the URL the error can be viewed at. If service error code is written, it should also be stated in the letter. OPTIMONK agrees to comply the response time with the following conditions at all times. The response time is calculated from when it is filed by OPTIMONK, but no later than from 9:00 am the first working day following dispatch. The response time includes the time the customer service gives feedback to the error reported, and start troubleshooting. Troubleshooting time is not included in this response time. Difficulty of problem Response time Definition 1 (Very important) 4 hours 2 (Important) 16 hours A certain critical function does not work in the popup, so purchase can not be completed Some Popup function can not be performed, and it is a problem for the customers, but it is technically possible to purchase 3 (General) 5 days A popup function not seen by some external users does not work which does not prevent external users to use the Popup 9. Force majeure

6 An event constitutes to be a force majeure that occurs after the realization of the contract, any event that makes it impossible to execute, which could not be foreseen by the contracting parties, unable to prevent, and that is not attributable to wrongful conduct of the parties, either. These events may in particular: state of emergency, strike, war, revolution, acts of terrorism, natural disasters, fires, floods, epidemics, quarantine restrictions, embargo, etc Cases of termination of the Contract User may terminate present contract immediately without apparent justification. OPTIMONK terminate the contract with immediate effect in the following cases: User is late to fulfill his obligation to pay service-fee with more than 30 days. The case of force majeure for more than 60 days. Extraordinary termination of contract can be done only in writing - addressed to the defaulting party by registered letter or sent to the specified address given during the registration process. OPTIMONK is entitled to immediately suspend user s Popup operation without notice, and, if the root cause for the suspension is not resolved, to remove the popup with the following reasons: User displays or sells an unlawful product or service in his Popup. User displays content in his Popup which is not certified the ethical by OPTIMONK In case of bill debt. User s popup interface displays no real company data. Visualizing violent, racist content or inciting against any person, church, group or body. When using irrelevant keywords, description fields in Popup content or code. Deceptive, manipulative content at visualizing. Using malicious code. In case of mass sending unsolicited mail (SPAM) - through the administration interface of the Popup. Visualizing any kind of content ruining the reputation or service of OPTIMONK. Visualizing or advertising any competing product or service of OPTIMONK. If OPTIMONK deletes User popup due to any of the above reasons User is not entitled to a refund of subscription fees, can not demand the content of the popup from OPTIMONK. User can take extraordinary notice If OPTIMONK terminates or suspends the service without being entitled or increases price unreasonably which are not explained by market and economic conditions. In this case, the user may demand current pro-rata subscription fee from OPTIMONK.

7 11. Settlement of disputes Both OPTIMONK and User have to do everything in order to hold direct negotiations in any disagreement or dispute that arose between them regarding the framework of this contract, or the contract. Parties are obliged to inform each other about all obstacles arising after the conclusion of the contract, circumstances hindering the completion of the contract having learnt about the fact without delay. Date: Debrecen, 02, 10 January