general terms and conditions
EAZY Digital Kft.
Valid from: 21 May 2020, until amended or revoked
Version: GTC2020 / 01
GTC: The General Terms and Conditions of the Service Provider, ie this document.
Individual Agreement: An individual written agreement between the Service Provider and the Customer regarding the provision of the Services.
Party or Parties: the Customer and the Service Provider, separately or jointly.
Website: websites operated by the Service Provider and accessible via the URL https://eazy.digital, https://kampanymester.hu, https://gplugin.uk and https://feed.studio.
List price: The basis of the service fee, ie the price given for each Service and published on the Service Provider's website.
Assignment Fee: The remuneration set by the Service Provider for the performance of the Services included in the Individual Contract.
Civil Code: Act V of 2013 on the Civil Code.
Service: based on the Client's order, the Service Provider undertakes to provide the service selected by the Client from the list of services listed below:
Media Buying; Media campaign planning and management;
Performing newsletter campaign tasks (HTML programming and campaign management);
Performing tasks related to social media,
Marketing automation ;
search engine optimization;
Web development, website operation;
Arranging of training courses;
Service provider: Eazy Digital Kft. (1024 Budapest, Széll Kálmán tér 11 .; registered by the Registry Court of the Metropolitan Court, Cg. 01-09-327229; tax number: 25503160-2-41).
Szjt .: Act LXXVI of 1999 on Copyright. law.
Customer: a natural or legal person who requests an offer from the Service Provider for any of the Services, or enters into an Individual Agreement with the Service Provider for any of the Services.
Business secret: All information, data, documents that (i) the Service Provider communicates to the Customer, in particular in connection with its operation, management, applied discounts, activities, customers; (ii) data on the Client's activities and management, which become known to the Service Provider in connection with these GTC or the Individual Agreement. Thus, in particular, but not exclusively, the terms of the Individual Agreement and the amount of the Commission Fee are considered business secrets.
2.1 The Service Provider provides the services named in these GTC to its Customers in accordance with the provisions set out below.
2.2 Each service is ordered on the basis of the Individual Agreements concluded between the Service Provider and the Customer. The entire agreement between the Service Provider and the Customer is formed by the Individual Agreement and these GTC together. By signing the Individual Agreement, the Client acknowledges that he has read the content of these GTC and accepts it.
III. The process of the Order, the establishment of the legal relationship between the Parties
3.1 The Customer requests an offer from the Service Provider by filling in the form available on the Website and / or sending an email to the Service Provider.
3.2 When requesting a quote, the Customer must indicate his business, registered office or permanent establishment, billing and notification postal address and account number, and provide his tax number and company registration number. During the request for quotation, the Customer must also declare the method of payment, accepting the provisions set out in these GTC.
3.3 The Service Provider will respond by e-mail within 1 working day after receiving the offer request, during which it will send an offer to the Customer or, if it deems it necessary, will contact the contact person provided by the Customer. The Service Provider attaches the draft Individual Contract to the offer.
3.4 By signing the Individual Contract and sending it to the Customer, the Service Provider accepts and declares that it has the necessary conditions, experience and adequate capacity to perform the tasks under the Individual Contract.
3.5 The actual content of the legal relationship between the Customer and the Service Provider related to the ordered Service is determined jointly by the Individual Agreement and these GTC. In all matters which are not settled by the Parties in the Individual Contract, the provisions of the GTC shall apply. If the relevant provisions of the Individual Contract and the GTC differ from each other, the provision of the Individual Contract shall prevail.
IV.. Main Rules for the Performance of the Services
4.1 By signing the Individual Contract, the Service Provider declares that it has the necessary preparation, expertise and professional experience, as well as the necessary permits, to perform the Services included therein at a contractual, complete and appropriate professional level.
4.2 The Service Provider provides its Services primarily with the help of its own employees, sometimes with the help of a subcontractor. The Service Provider is responsible for the contractual performance of the participating subcontractor involved.
4.3 During the performance of the task, the Service Provider is obliged to co-operate with the Customer, to continuously consult and to fully comply with the relevant legal provisions. The Parties shall continuously inform and notify each other of all events and circumstances that may affect the performance of the Individual Agreement. The Service Provider is obliged to fulfill all its obligations arising from the Individual Contract in such a way and at such a time that any conduct or omission of the Service Provider in connection therewith does not in any way cause, cause or contribute to the Customer's breach of any obligations to other contracted partners.
4.4 The Client shall take into account the claims and instructions submitted orally or in writing during the performance, if it complies with the provisions of the mandatory applicable legislation and provided that it does not result in the modification of the deadlines or remuneration specified in the Individual Contract. The Service Provider draws the Customer's attention to the circumstances that are not in accordance with the applicable legal or other advertising and marketing communication provisions, as well as the criteria and strategy developed by the Customer, or indicates if the submitted request or instruction complies with any of the conditions set out in the Individual Agreement. requires modification. If the Customer nevertheless insists on the implementation, the Service Provider is obliged to perform the given task under the Customer's responsibility, unless it contravenes the law or other rules and provisions on advertising and marketing communications binding on the Parties. This does not apply if the fulfillment of the request requires a change of at least 5% of the Order Fee specified in the Individual Contract, in which case the Service Provider may refuse to fulfill the request until the Parties agree on a corresponding change in the amount of the Order Fee.
4.5 The Client shall bear the additional costs and payment obligations arising from the subsequent amendment of the Individual Agreement by the Customer, as well as the additional costs arising from the subsequent amendment or cancellation of any service specified in the Individual Agreement. The Customer is obliged to reimburse the Service Provider for any resulting damages and / or costs.
4.6 If the nature of the ordered Service justifies it, the Service Provider shall provide the Customer with online access to the statistical indicators related to the performance of the Service during the performance of the Individual Contract, at intervals specified by the Parties and after completion.
4.7 The Service Provider shall certify the performance of the services undertaken on the basis of the Individual Contract to the Customer depending on the nature of the task and in accordance with the agreement of the Parties. Proof of performance can be provided by advertising statistics, hourly rate settlement or in the case of project-based deliverables, by sending the related certificate of performance. If the Customer does not dispute the performance of the Service within 2 (two) working days after receiving the related performance certificate, the given Service shall be deemed performed and the Service Provider is entitled to issue an invoice to the Customer for the amount of the Order Fee related to the performed Service.
4.8 The Service Provider shall make the materials prepared during the performance of the Individual Contract available to the Customer in the format and quality agreed by the Parties.
The Customer shall comment on the received materials within 2 (two) working days, unless otherwise agreed by the Parties. In case of no opinion, the Service Provider considers the submitted version accepted. In case of an agreed comment delay, the deadline is shifted in proportion to the Customer's comment delay.
4.9 The Client undertakes that if data, information or other statements are required for the performance of the subcontractor or the influencers, he shall hand them over to the subcontractor or the influenza immediately, but no later than within 2 (two) working days.
4.10 By signing the Individual Agreement, the Customer consents to the Service Provider referring to the Customer as his customer on the Website and in its reference materials, and in doing so is entitled to indicate the Customer's company name or logo.
4.11 If the Service Provider provides the Customer with the provisions of Act XLVIII of 2008 on the basic conditions and certain restrictions of commercial advertising activities. Act (hereinafter: “Grtv.”) 5 / B. § also performs advertising intermediary tasks on the basis of the Individual Contract, the Individual Contract also covers the conclusion of a contract for the publication of advertising, its modification according to the Client's needs and the acceptance of the performance of this contract by a given medium. The Service Provider declares with reference to Grtv that it complies with the legal obligations in all respects in the course of its advertising brokerage activities. The terms and conditions of the advertising agency activity shall be determined by the Parties in the Individual Agreement.
V. Commission fee and payment terms
5.1 The Parties shall stipulate in the Individual Contract the schedule for the payment of the Order Fee, which may be a single payment or payment in several installments.
If the Parties agree on a one-time fee payment, the Service Provider is entitled to issue an invoice to the Customer after the performance of all its tasks under the Individual Agreement. If the Parties agree on payment in several installments, the Service Provider is entitled to issue the invoice on a monthly basis or after the completion of each subtask, in accordance with the provisions of the Individual Contract.
5.2 In the Individual Contract, the Parties may also agree on the payment of an advance. In this case, the Service Provider sends a fee request to the Customer. After the performance of the service, the Parties shall settle in accordance with the provisions of the Individual Agreement, the Service Provider shall issue an invoice for the amount of the Order Fee, indicating the amount paid by the Customer on the basis of the fee request.
5.3 Unless otherwise agreed by the Parties, the Order Fee shall include all costs, commissions, fees and charges incurred by the Service Provider in connection with the performance of the ordered Service, and shall include the following VI. the consideration for the right of use under
5.4. The Customer shall pay the amount of the Order Fee at the due date indicated on the invoice issued by the Service Provider and by bank transfer to a bank account.
5.5. If the Client does not pay the Order Fee on time, the Service Provider is entitled to comply with the provisions of the Civil Code. 6: 155th § (1) to charge default interest. It shall not be considered a delay of the Client if the Order Fee is not paid on time due to the improperly issued invoice and / or the document (s) certifying the performance.
5.6 If the performance of the Service Provider is related to a public procurement contract, the Service Provider shall comply with the provisions of Act CXLIII of 2015 on Public Procurement. Subject to the provisions of Section 136 (1) (a) of the Public Procurement Act, Kbt. They arise in respect of a company which does not comply with the conditions set out in Section 62 (1) (k) (k) to (b)) and which are suitable for reducing the taxable income of the Service Provider.
6.1 The Service Provider shall be entitled to the copyrights related to all works protected by copyright (“Copyright”) arising during the performance of the Individual Contract.
6.2 In the event of full payment of the amount of the Commission Fee, the Service Provider shall provide the Customer with a non-transferable, non-exclusive right of use for the Author's Work for the Contractual period. The right of use is expressly covered by the Szjt. for all uses in accordance with
6.3 The Service Provider warrants that the third party does not have any rights in the performance of the copyrighted protection that would impede or restrict the Customer's right of use, and the exercise of the Customer's right of use does not infringe the rights or legitimate interests of the contributor, influencer or third party.
6.4 Both the Customer and the Service Provider are entitled to include the contents and materials prepared by the Service Provider on the basis of the Individual Agreement, or by notifying the other Party at domestic or international professional competitions, exhibitions, competitions, inspections, etc. to start or use.
6.5 The Service Provider undertakes to use the Customer's intellectual property, such as its trademark, name, logo and other designations only and exclusively during the performance of the Individual Agreement, to the extent necessary for the performance and in the manner approved by the Customer. Customer is responsible and warranted for the completeness, conformity, authenticity and legal and contractual usability of the logos, trademarks provided.
VII. Termination of the Individual Agreement
7.1 The Individual Agreement concluded between the Parties may be terminated
by mutual agreement of the Parties.
by ordinary termination;
with extraordinary termination with immediate effect.
7.2 Either Party is entitled to terminate the Individual Agreement by ordinary termination with a duly signed unilateral written notice addressed to the other Party. In the case of ordinary notice, the notice period is 90 calendar days. The parties may exclude the possibility of terminating the Individual Agreement by ordinary termination in the Individual Agreement.
7.3 Either Party is entitled to terminate the Individual Contract in the event of a breach of contract by the other Party by a duly signed unilateral written notice addressed to the other Party with immediate effect, provided that the other Party fulfills its obligations under the Individual Contract or any material seriously breaches its obligation and, by its breach of contract, does not terminate or fail to perform its obligation within 5 days of receiving the written request of the Party. The Party shall give reasons for its extraordinary termination.
Extraordinary termination may be a reason:
if the Service Provider is in arrears of 30 calendar days or more due to the performance of its Service or the performance of its payment obligation due to a reason arising in its area of interest;
if the Service Provider performs incorrectly, or even before the expiry of the performance deadline, it becomes apparent that it can only perform the Individual Contract incorrectly and does not correct the circumstance causing the error upon request, it shall not eliminate it;
any Party is subject to liquidation or liquidation, or is otherwise in a position to meet its financial obligations;
criminal proceedings shall be instituted against the representative of either Party or his business reputation shall be damaged to such an extent that his relations with him may have adverse consequences for the other Party;
if the conduct of either Party damages or threatens the business reputation of the other Party;
if either Party breaches its obligation of confidentiality;
if either Party violates any of its legal obligations regarding the processing of personal data.
If the Individual Contract is related to the performance of a public procurement contract, in addition to the cases described above, the Parties are entitled to terminate the Individual Contract with immediate effect in writing, in particular in the following cases:
the Service Provider fails to comply with the provisions of the Public Procurement Act in connection with the Individual Contract. The obligations prescribed in Section 138 (3), (5), or
the Service Provider is Kbt. Section 62 (1) - (2) falls within the scope of, or
in connection with a possible general contractor contract, the Kbt. Reason specified in Section 143 (1) (c).
7.4 It shall not be considered a serious breach of contract and shall therefore not be a reason for immediate termination if the performance is due to an external cause or force majeure.
The concept of force majeure includes all events that occur after the signing of the Individual Contract and which are of such an exceptional nature that their occurrence could not have been foreseen by the parties or could not have been avoided by any reasonable measures. In the event of such an event, the Party concerned shall immediately notify the other Party in writing of the nature, extent and expected duration of the force majeure after becoming aware of it, and shall take all reasonable steps to mitigate the damage resulting from the force majeure. The performance deadlines set out in the Individual Contract shall be extended by the period of force majeure. Neither party shall be liable for any delay, damage or additional costs arising from force majeure.
An unforeseen operational situation in which a traffic or other technical circumstance occurs which cannot be attributed to the Parties shall not be considered a serious breach of contract.
A traffic, technical or other circumstance occurring in the Internet service, on the Internet network and associated with the operation of the Internet shall not be considered a serious breach of contract.
VIII. Breach of contract, dispute settlement
8.1 In the event of a breach of contract by the Service Provider, in the event of any actual, direct damage, the upper limit of the compensation shall be the total amount of the Commission Fee specified in the Individual Contract and paid by the Customer to the Service Provider.
8.2 The Service Provider's liability for damages is limited only to actual direct damages and is not liable for special, incidental, indirect or economic consequential damages, lost profits, business, income, reputational damage, non-pecuniary damage or expected savings.
8.3 In resolving any disputes, - if the dispute cannot be settled by conciliation, the dispute shall be settled in accordance with Article CXXX of 2016 on Civil Procedure. an ordinary court with jurisdiction and jurisdiction is entitled by law.
9.1 The Parties undertake to keep all data and / or information covered by the Business Secret strictly confidential and to disclose or make available to third parties information about them only with the written permission of each other.
9.2 The Party shall not be bound by the obligation of confidentiality pursuant to clause 9.1 above to the extent that the disclosure or transfer of the information to a third party is required by law. The other parties used by the Parties during the existence of the legal relationship established on the basis of the Individual Agreement shall also be obliged to keep the information provided to the Parties, for which the Party involving the respective participant shall be fully responsible for the contractual performance of such participants.
X. Data Management
10.1 The Service Provider provided personal data in connection with the ordering and / or performance of its Services or made available to it in accordance with Article CXII of 2011 on the right to information self-determination and freedom of information. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC .) (hereinafter referred to as the “GDPR”).
10.2 The Service Provider informs the Customer that a part of the personal data is processed automatically based on the legitimate interest of the Service Provider, the Customer or a third party or is required for the preparation of a contract between the parties, while in other cases the data subject requires explicit consent. In addition, the legal basis for data processing is in some cases a legal provision. With regard to the legal basis of data management, the Service Provider's current Data Management Information is applicable.
10.3 The Customer undertakes to continuously update the personal data provided by him to the Service Provider and the personal data of his contact persons.
10.4 The Service Provider's Information is available at the following link: https://eazy.digital/privacy.
11.1 All notices related to the performance of the Services ordered by the Customer, including the invoices to be paid, shall be sent to the address or representative indicated by the Customer in the Individual Agreement.
11.2 If there is a change in the data of the Customer or his / her representative, the Customer is obliged to inform the Service Provider immediately in writing.
11.3 If it cannot be proved that a particular notice has been received previously, the notices shall be deemed to have been served in the following cases:
(i) In the case of personal service, the date of service shall be the date indicated on the handover receipt in the possession of the notifying party as the date of receipt, authenticated by the signature of the recipient.
(ii) In the case of delivery by registered letter with acknowledgment of receipt, the date of delivery shall be the date indicated on the return receipt returned to the sender or, if this cannot be determined, the date on which the return receipt is returned to the sender. In the case of a return receipt marked "unknown" or "not sought", delivery shall be deemed to have taken place on the fifth working day following the second dispatch if delivery has been made to the contact details given in writing by the party.
(iii) An e-mail message shall be deemed to have been delivered if its sending to the other party can be credibly proven by the sending party.
(iv) In the event of a refusal to accept a consignment, the date of delivery shall be the date on which receipt of the consignment is demonstrably refused.
XII. Entry into force
12.1 The provisions of these GTC shall remain in force from 1 February 2020 until revoked or any amendments enter into force.
12.2 The Service Provider reserves the right to amend these GTC at any time by unilateral decision. The Service Provider shall notify its Customers in a contractual relationship with it of any amendment to any provision of the GTC at the same time as the amendment enters into force.