These General Terms and Conditions ("Terms") set out the conditions for using the business management system ("Ügyviteli Rendszer") offered as an online, rentable service by NUMINC Kft. (2500 Esztergom, Kápolna utca 11., Hungary). NUMINC Kft. ("NUMINC") reserves the right to unilaterally amend these Terms. NUMINC will notify Users of any amendment via a short notice, which may appear on the interface of the online service, in a newsletter sent by NUMINC, or in a notification sent to the email address provided by the User on their profile page.
This contract does not qualify as a contract concluded in writing; NUMINC does not register it, so it is not accessible afterwards in that form. NUMINC records the content of the Terms and archives superseded versions following any amendment, which remain available to Users afterwards. Archived versions of the Terms are available at:
https://www.logzi.com/en/legal/terms. The language of the contract is Hungarian.
1. Subject of the Contract
1.1. The Business Management System Service
NUMINC provides the User with a business management system (hereinafter: Logzi), through which the User can manage its business processes.
The right to use the online business management system operated by NUMINC is available to natural persons with legal and contractual capacity and to business organizations who register on the Logzi website. By registering or by completing the Order Form, the User confirms that they:
are at least 18 years of age and have legal capacity, or
are a representative of a business organization;
and in every case register on behalf of themselves, or the business organization they represent, providing genuine personal data and contact details.
NUMINC considers the User to be an undertaking within the meaning of Section 8:1 (3) of the Hungarian Civil Code, since even if the User uses the service as a private individual, they do so in the course of business activity. This contract qualifies as a contract between undertakings.
During registration or completion of the Order Form, the User is required to provide accurate data pertaining to themselves. If NUMINC becomes aware that the data provided by the User contains inaccurate elements, NUMINC is entitled to partially or fully restrict the User's access, or exclude the User from using the Logzi business management system.
2. Duration of the Contract
The parties conclude the contract for an indefinite period, but for at least the duration of the subscription package chosen by the User when ordering the subscription.
3. Subscription Fee
3.1. 3-day free trial
For every first-time User, NUMINC provides a 3-day free trial period upon the first request for Logzi. During this period, Logzi operates according to the normal conditions of use corresponding to the chosen package, except for extra services provided by external providers (including, among others, email sending), which are not available during the trial period. The operation of the business management system may be cancelled at any time until the end of the free trial period, without any further justification.
If the User does not indicate their intention to subscribe within the 3 trial days, the registered access, together with all its data, will be irrevocably deleted after 30 days; the User may not claim its content from NUMINC nor make any claim for damages.
3.2. Method of payment of subscription fees
If, during the trial period, the User indicates their intention to subscribe — via the dedicated menu item on the administration interface of their business management system, or by completing the Order Form — and thereby orders the service, NUMINC will redirect the User to the portal of the banking transaction partner based on the selected fee package, or send a payment request to the email address provided by the User.
In the case of an order, the User pays the usage fee to NUMINC in advance. NUMINC keeps records of the amount paid and provides the User with access to the system depending on their subscription arrangement.
Payment can be made by bank card or bank transfer. In the case of bank card payment, the User accepts that the subscription fee will be deducted automatically, at the interval selected by the User, via the Barion or PayPal banking payment system. Subscription fees already paid are non-refundable by NUMINC.
Barion
Some online bank card payments are processed through the Barion system. Bank card details are not disclosed to the merchant.
The service provider, Barion Payment Zrt., is an institution supervised by the Central Bank of Hungary (Magyar Nemzeti Bank), license number: H-EN-I-1064/2013.
PayPal
PayPal, through the Luxembourg-registered PayPal (Europe) S.à r.l. et Cie, S.C.A., has been present in Hungary since 26 July 2011, when it received its first electronic money issuance license. Since then it has received 17 further licenses, details of which can be found on the list of the Central Bank of Hungary. The type of PayPal's operation in Hungary is a cross-border credit institution.
Within 5 business days of the settlement (credit) of the payment, NUMINC issues an electronic invoice for the subscription to the User, sent to the email address provided by the User, and then approves the subscription for the period and under the conditions specified in the fee package, thereby activating the business management system. The active subscription period begins on the day of activation.
If NUMINC is unable, for technical reasons, to set up the requested service within 10 days following the bank credit, it will notify the User of this in writing. The subscription packages, which determine the duration, fee, and available business management functions of the service, can be viewed on the Logzi website. NUMINC reserves the right to change the fees of the service without retroactive effect.
In the case of bank transfer, NUMINC issues a payment request to the User 8 days before the expiry of their current subscription period, for the next period based on the current subscription arrangement, sent to the email address provided by the User. The User is required to transfer the amount specified in this payment request to NUMINC's bank account within 8 days. NUMINC issues an electronic invoice to the User within 5 business days of the settlement of the amount, sent to the email address provided by the User.
The regular net subscription fee is calculated based on the subscription arrangement (as set out below). The User makes the payment in Hungarian Forints to NUMINC's account. NUMINC is able to guarantee the prices during normal, intended use of the service. Normal, intended use includes, among other things, an average of a maximum of 10,000 unique page visits per day. If the average monthly unique page visits exceed 120,000, NUMINC can only provide the business management system to the User under an individual subscription arrangement. NUMINC's statistics are authoritative in determining unique page visits.
NUMINC reserves the right to partially or fully restrict the service if the Customer has not paid the due subscription fees. Subscription fees are payable by NUMINC even for the period during which the service is suspended due to payment default.
3.3. Subscription packages
The exact list of subscription packages and the features and limitations included in them can be viewed at
https://www.logzi.com/en/pricing. NUMINC reserves the right to unilaterally modify these features and limitations. Monthly packages are billed every 30 days, while annual packages are billed every 365 days. NUMINC Applications are not part of the business management system. The User accepts that separate fees may be charged for their use.
4. NUMINC's Obligations
NUMINC provides the User with the right to use the business management system as specified in these General Terms and Conditions.
If NUMINC negligently causes damage to the User — taking into account the nature of this service — NUMINC's liability is that, provided the User acted with the diligence that could be expected of them (for example, but not exclusively: ensured proper continuous data backups, properly regulated system access rights, and acted with the diligence that could be expected in mitigating any damage that occurred), NUMINC is obliged to provide professional support for restoring the original state and for damage mitigation, for which it may not charge a fee.
If, due to the User's delayed provision of information or for other reasons, NUMINC — due to circumstances beyond its control — is unable to maintain the availability undertaken in the General Terms and Conditions, NUMINC is obliged to inform the User of this without delay.
NUMINC is obliged to immediately notify the User of any circumstance that comes to its attention that would prevent or hinder the performance of the service. Liability for any reduction in service level related to the failure to fulfil this notification obligation lies with NUMINC.
NUMINC assumes no liability for damages arising from improper use of the Logzi business management system. NUMINC is likewise not liable for any lost profit.
In the event of detecting unlawful or improper use, NUMINC is entitled to partially or fully restrict the services, or to suspend or terminate the service while simultaneously notifying the User.
In the event of detecting activity that violates law or other legislation, or a suspicion thereof, NUMINC is entitled — while observing data and confidentiality protection rules — to access the data managed by the User, and to use it in order to prevent damage.
NUMINC may use subcontractors during performance. Conditions for involving a subcontractor:
The subcontractor is liable for its performance, both in terms of quality requirements and deadlines, as if it had performed the work entirely itself;
NUMINC ensures that its subcontractor acts in accordance with the business confidentiality undertaken by NUMINC.
In performing this contract, it is not NUMINC's task to detect and correct the User's erroneous data entry, nor the troubleshooting and correction arising from it.
5. User's Obligations
The User is required to accept NUMINC's performance under the contract and to pay NUMINC the fee due after performance. The User is required to provide NUMINC with the cooperation necessary for the performance of this service.
Recording and administering the data found in the User's business management system (partners, products, etc.) is in every case the User's task. NUMINC does not participate in the sales or communication processes carried out by the User in their registered business management system, has no relationship whatsoever with the User's customers, and only the User is in a contractual relationship with them. Only the User is liable for the authenticity of the data and documents found in the business management system. Any legal disputes related to commercial activity are settled exclusively between the User and the User's partner, or between the User and the relevant authority.
The User is required to comply with all legal obligations related to the purchase, the operation of the business management system, and the conduct of electronic commercial activity (indication of accurate company data at all times, delivery and payment methods, publication of withdrawal and warranty rights, etc.), and to update any changes in their company data on the administration interface of their business management system. NUMINC provides tools for this through the service's functions. In the event of failure to comply with the information obligation, NUMINC is entitled to suspend the publicly accessible part of the service until the deficiencies are remedied.
The User declares that they are aware of the rules of Internet mailing. NUMINC is not liable for the content of data traffic generated during the use of the service. NUMINC is entitled to fully or partially restrict the service if the User, through the use of the software, infringes the interests of a third party or the applicable legislation in force.
Management of employee access rights to the system is carried out by the User via the administrator user designated for this purpose. The User has the option to add or delete employees, modify the data of existing employees, and activate or deactivate employees.
NUMINC assumes no liability whatsoever for the secure storage of the User's passwords or for any damages arising therefrom.
For maintenance purposes, NUMINC's operating staff is entitled to log into the User's business management system and access the personal data of those registered on the business management system's site. NUMINC qualifies as a data processor with respect to the personal data of the User's customers. The parties regulate the rules of data processing in a data processing agreement.
The User may not transfer the services provided by NUMINC to a third party without NUMINC's express consent; any transfer without NUMINC's express consent is void.
The User may only use the services at their own risk and responsibility, and accepts that NUMINC bears no liability for any pecuniary or non-pecuniary damages arising from such use. NUMINC excludes its liability for indirect damages, in particular loss of revenue, loss of profit, data loss, and loss of "goodwill".
NUMINC assumes no liability for the conduct exhibited by the User towards their own customers, but will cooperate with the authorities in investigating any potential infringements.
6. Presentation of Hardware and Software Conditions
The business management system is a SaaS (Software as a Service) web-based software service requiring an Internet connection.
NUMINC operates Logzi on servers it provides. There is no possibility of operating the service on servers provided by the User that are not owned by NUMINC.
The conditions for logging in are as follows:
Broadband Internet connection;
A computer capable of running the above Internet browser;
Knowledge of an active username and password;
Only one login can take place at a time with a given username and password used for login.
The conditions for working are as follows:
The login conditions are met;
The User has paid the current service fees, and has no overdue debt to NUMINC.
Supported browsers and their versions:
Mozilla Firefox, latest version
Google Chrome, latest version
Opera, latest version
Microsoft Edge, latest version
Android Browser, latest Android version
Google Chrome for Android, latest version
Opera Mobile Browser, latest version
Apple iPad Safari, latest version
Apple OS X Safari, latest version
If the User experiences an error in an earlier version of the browsers listed above, NUMINC is not obliged to fix it. Updating the browser version is recommended to resolve the error.
The name of the hosting provider for NUMINC: Amazon Web Services Inc., headquartered in Seattle, Washington.
7. Availability
NUMINC guarantees that the software it provides fulfils a 24/7 service level with 99.9% annual availability. This allows for a maximum of 8.76 hours of downtime per year for the Logzi service, including pre-planned and announced maintenance periods and other issues. If NUMINC fails to meet the 99.9% availability level, it will grant 10 minutes of free service extension for every additional minute of downtime.
8. Customer Service
Communication between the User and NUMINC takes place in writing, between the address
info@logzi.com and the email address provided by the User during registration or set on the administration interface.
The customer service form found at
https://www.logzi.com can be used to report errors. In the case of an error report, the message should include the operating system used at the time the error occurred, its version number, details of any updates, the name and exact version number of the browser, the time the error occurred, the steps taken up to that point, and the URL at which the error can be observed. If the service also displayed an error code, this should also be included in the message.
NUMINC undertakes to always meet the response times under the following conditions. The response time is calculated from the moment NUMINC has registered the report, but at the latest from 9:00 AM on the first business day following submission. The response time includes the period until customer service provides feedback on the reported error and begins troubleshooting. The time required for troubleshooting itself is not included in this response time.
NUMINC guarantees a response time of 72 hours to the User in every subscription arrangement, regardless of the severity of the problem, with the exception of active extra SLA services.
9. Use of Business Management System Data
NUMINC may access and analyze the following data of the User's business management system: number of visits, administration, and use of integrations and applications.
The purpose of accessing and analyzing Logzi data is for NUMINC to identify relevant product development opportunities for the User and to make offers to the User, in particular to provide information on upgrading to a higher subscription package or on NUMINC's own new products.
NUMINC is not entitled to publish or transfer or hand over to external persons individual and identifiable data related to Logzi, and is obliged to keep such data confidential.
NUMINC may only publish Logzi data in aggregated form, i.e. in a form that does not allow identification, and may at most refer to fields of activity or categories. The form of publication by NUMINC may be a public blog post, a social media post, or a newsletter.
10. Force Majeure
Force majeure means any extraordinary event occurring after the conclusion of the contract, which makes its performance impossible, which the contracting parties could not have foreseen and could not have averted, and which cannot be attributed to the culpable conduct of either party. Such events may include, in particular: a state of emergency, strike, war, revolution, terrorist acts, natural disaster, fire, flood, epidemic, quarantine restrictions, shipping embargo, etc.
11. Cases of Termination of the Contract
The User may terminate this contract with immediate effect, without any further justification. Termination may only be done in writing.
Following termination, the Logzi business management system will continue to operate until the end of the already paid period, and will then become inactive. All data is deleted 30 days after becoming inactive. If the User does not specifically request the deletion of Logzi, their personal data will also remain available in the Service Provider's system, to which the User expressly consents.
NUMINC may terminate the contract with immediate effect in the following cases:
The User is in default of its due service fee payment obligation for more than 30 days;
A case of force majeure exceeding 60 days.
Extraordinary termination of the contract may only take place in writing — via registered mail with acknowledgement of receipt addressed to the breaching party, or via email sent to the email address provided during registration.
NUMINC is entitled to immediately suspend the User's Logzi operation without prior notice, and then, if the reason giving rise to the suspension continues to exist, to delete the business management system, for the following reasons:
The User displays or sells a product or service in their system that violates law or legislation.
The User selects data deemed unethical by NUMINC.
In the event of an outstanding invoice debt.
The User displays inaccurate company data on their Logzi business management interface.
In the event of displaying violent, racist, or content inciting against any individual, assembly, group, or organization.
In the event of displaying misleading or manipulative content.
In the event of using malicious code.
If the User is subject to an attack aimed at blocking the Logzi service (a so-called "Denial-of-Service" — DoS attack (including against other servers)), an attempt to violate identification or security measures, or any other unauthorized access attempt to a customer identifier, computer, or network.
In the event of sending mass unsolicited emails (SPAM) to persons recorded by the User on the Logzi administration interface.
In the event of displaying any content that damages the good reputation of NUMINC or the service.
In the event of displaying or advertising any product or service that competes with NUMINC or the service.
If complaints are received regarding the User's Logzi business management system to an extent that already affects the good reputation of NUMINC or the service.
If NUMINC deletes the User's Logzi business management system for the above reasons, the User is not entitled to compensation or a refund of the subscription fee, and may not claim the content of their Logzi business management system from NUMINC.
The User may exercise extraordinary termination,
if NUMINC, without being entitled to do so, terminates or suspends the service, or
increases the price unreasonably, to an extent not explicable by market and economic conditions.
In this case, the User may claim from NUMINC the pro-rata fee of the current subscription.
12. Settlement of Disputes
NUMINC and the User must do everything possible to settle, through direct negotiations, any disagreement or dispute arising between them within the framework of, or in connection with, this contract. The parties are mutually obliged to inform each other without delay of any circumstance arising after the conclusion of the contract that hinders its performance, upon becoming aware of it. The legal relationship of the parties is governed by Hungarian law, and the court with jurisdiction seated in Esztergom has exclusive competence to settle any legal dispute.
Issued: Esztergom, 1 December 2020
Effective date: 1 December 2020
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