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General contractual conditions
The natural person Consumer may exercise his/her right of withdrawal and termination in accordance with
the provisions of Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers
and businesses ................................................................................................................................................
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Company name: Levente Kótka Individual
Entrepreneur
Seat: 4544 Nyírkarász, MADAI ÚT 25.
Registration number: 58740475
Tax number: 48638579-1-35
Represented by: Levente Kótka
Location Service Provider details:
Company name:
IONOS Cloud Ltd.
The present General Terms and Conditions document is concluded between Kótka Levente Individual Contractor (hereinafter referred to as the Service Provider) and the Consumer (hereinafter referred to as the Consumer), hereinafter collectively referred to as the Parties, using its services available at .
www.innobotz.com.
The GTC are intended to set out the rules between the Parties relating to the use of the service, the rights and obligations of the Parties. By accepting the present GTC, the Consumer accepts and accepts the participation and other conditions and rules set by the Service Provider.
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The Service Provider offers Chatbot development, AI automation, Lead acquisition sales activities for Consumer. As a result of this assignment, the Consumer will receive a script code from the Service Provider. The application of the code will enable the Consumer to use the chatbot. The Consumer can order the service offered by the Service Provider at .
https://www.innobotz.com.
In a world of endless possibilities, finding the perfect agency to develop state-of-the-art AI chatbots and automations can be overwhelming. We offer unparalleled expertise and innovative solutions tailored to the unique needs of the Consumer. Let the industry's best AI technology make your vision a reality.
The Service Provider has one goal above all: 100% Customer satisfaction. We set the highest standards in project planning and execution and are committed to building the perfect AI solution for the Consumer on time and on budget.
Additional services related to the above services:
Online administration. The Service Provider will manage the process of using the Service through its online interface. The Consumer is obliged to consult the website for details of the Service.
Information. The Service Provider undertakes to provide the Consumer with full information during the process of using the Service and during the period of using the Service. The following informative electronic messages related to the use of the Service shall be sent to the Consumer:
For bank transfers:
•
a confirmation e-mail containing the invoice.
•
It is the responsibility of the consumer to monitor his/her e-mail account at all times, as the above message will be sent to the address provided.
•
If, due to the prohibitions of the mailing system or for other reasons, the corresponding letters are not received by the Consumer, he can request their replacement by sending an e-mail to
info@innobotz.com
.
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Customer service. The Service Provider draws the Consumer's attention to the fact that after the sale, the Service Provider provides customer service through an electronic mail system at the e- mail address
info@innobotz.com
and at the telephone number +36202428206.
The Consumer shall pay the fees for the services ordered by him/her as detailed below:
•
Bank transfer: the Service Provider will send an invoice to the e-mail address provided within 8 days of placing the order.
Service provider's timetable for delivery:
1. Launch meeting; estimated time 1 week
2. Information collection, planning, integration; estimated timeframe 2 weeks
3. Prototype review and feedback; estimated timeframe 2-3 weeks
4. Functional prototype; estimated timeframe 3 weeks
5. Final testing and quality assurance estimated timeframe 3 weeks
6. Estimated installation time 3-4 weeks
The entire risk as to the success, quality and performance of the Consumer's project following the Service Provider's provision of the Service shall be borne by the Consumer. Under no circumstances shall the Service Provider be liable for any loss or damage to the Consumer or any third party arising from the Consumer's service, including but not limited to loss of profit, loss of use, loss of savings or other loss or damage resulting from the operation or inability to operate the AI systems.
The Consumer can initiate the use of the Service through the website. Registration is not required to use the Service.
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Upon entering the site, the Consumer will be directed to the Service Provider's Calendly online appointment booking system, where he/she can choose the online consultation appointment that suits him/her from the calendar offered by the Service Provider. After entering the day of the year and month in the calendar available on the online interface, the Consumer can select his appointment in hours and minutes.
To finalise the selected reservation, the following information is required:
- Last name
- First name
- E-mail address
In the interface, the Consumer can enter other comments for the service provider in the Other field.
The booking of an appointment is conditional on your understanding and acceptance of the Service Provider's General Terms and Conditions and Privacy Policy. The Service Provider draws the Consumer's attention to the fact that by clicking on the "Next" button, the Consumer expressly accepts that he/she has read and accepted the Service Provider's General Terms and Conditions and the Privacy Policy.
After the data is provided and finalized, the Consumer will receive a confirmation email from the Service Provider to the email address provided by him/her, which will include the invitation for the consultation corresponding to the online appointment.
The confirmation e-mail will contain the following information:
- Last name
- First name
- E-mail address
In addition, on the website the Consumer has the possibility to contact the Service Provider. When contacting the Service Provider, the following information is required:
- Last name
- First name
- E-mail address
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Within 8 days of receipt of the transfer payments, the Service Provider will issue an electronic accounting receipt, which will be sent to the Consumer's registration e-mail address. Within 8 days after the deduction of the fees for other services ordered through the Website, the Service Provider shall issue an invoice, which shall be sent to the Consumer by electronic mail. The Consumer is obliged to pay the Service Provider the amount of the fee due.
5. Obligations of the consumer
The Consumer consents to the Service Provider sending a message to the e-mail address provided by the Consumer about changes in the legal relationship of the parties. The Consumer is entitled to prohibit the service described in this clause by sending a message to the above e-mail address.
The Service Provider points out that the fee for the service will be determined individually in each case, taking into account its scope, method and other specific characteristics, before the service is started.
The Consumer shall pay the fee by bank transfer to the bank account held by the Service Provider. Payment of the Service Fee shall be made in USD, taking into account the daily average exchange rate.
Upon acceptance of these GTC, the Consumer will receive a payment request via Stripe to the e- mail address provided by the Consumer. Once the payment has been made, the Service Provider will immediately start the execution.
Monthly service charges are included in the first invoice, with subsequent invoices issued upon completion.
The Service Provider draws the Consumer's attention to the fact that an additional fee will be charged if the scope and objectives of the project are changed in accordance with the extent of the change, based on the Service Provider's specific tariff.
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The Service Provider offers comprehensive post-implementation support and maintenance services for the developed AI systems, included in the monthly fee, as follows:
1. Troubleshooting
2. Bug fixes
3. Minor updates
For any additional support beyond the agreed maintenance terms, the Service Provider shall pay you will have to pay a special fee.
The fees set out in these GTC shall be payable within three (3) months of the date of acceptance of these GTC by both parties.
(3) months. Additional services after this period will require a new agreement.
The Service Provider guarantees not to change the price of the services at the time of ordering.
The Service Provider reserves the right to expand the scope of its services, which it is not obliged to notify the Consumer of.
The Service Provider reserves the right to suspend the service if it becomes aware that the information provided when using the service is not accurate. The Consumer acknowledges and accepts this provision.
Service provider informs Consumer, that a Contract to perform the Contract Service Provider
process the data in accordance with its Privacy Notice, in the manner and for the purposes set out therein.
The Service Provider warrants that the functionality included in the project will meet its requirements and that the operation will be reasonably error-free.
The Service Provider warrants that the AI Solutions will operate as described in the Project Specification for the duration of the Service. However, the Service Provider shall not
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guarantees that the AI systems will be uninterrupted or error-free. The extent of the Service Provider's liability under these GTC shall not exceed the total amount paid by the Service Provider for the services provided, i.e. the service fee. Under no circumstances shall the Service Provider be liable for any indirect, incidental or consequential damages.
Other obligations undertaken by the Service Provider:
Free Work Period / Result Guaranteed Period
1. Target Setting and Measurable Results:
The Customer and the Service Provider shall define the scope (objectives) of the service before the start of the performance.
o
Results are measured by specific, pre-defined KPIs (Key Performance Indicators),
o
According to the following performance indicators:
▪
X% increase in the number of qualified leads.
▪
X new leads per month.
▪
X% improvement in conversion rate.
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The results are achieved depending on the data, objectives and cooperation provided by the Consumer. If the data is incomplete or the Consumer fails to cooperate, the Guaranteed Results Period may be terminated.
2. Free Working Period Activation:
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If the agreed results are not provided by the Service Provider within the agreed time frame (usually 3 months), the Service Provider agrees to continue to provide the predefined results free of charge until the predefined results are provided by the Service Provider, with a maximum period of 3 months.
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During the free work period, the Consumer is still required to pay the monthly maintenance fee (e.g. $100), which covers basic operation and maintenance costs.
3. Periodic Assessments and Reports:
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The Consumer and the Service Provider will consult once a month to monitor the processes to achieve the results and to evaluate the results. This will ensure that the Consumer is fully informed of the progress made, during which the Service Provider may suggest possible improvement actions.
4. Accuracy of Results Definition and Evaluation:
o
The definition and evaluation of "results" is based on accurate and complete data provided by the Consumer. If the inaccuracy of the data or the lack of the necessary information prevents an accurate evaluation of the results, the Service Provider's liability is excluded in this respect.
5. Exclusions and Limitation of Liability Service provider also includes:
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The Service Provider's liability is also excluded if the failure to deliver results is due to external circumstances, such as the timely arrival of data not provided by the Consumer, changes made by the Consumer to the campaigns, or unforeseen market changes.
The Service Provider draws the attention of the legal person Consumer to the fact that the Consumer is obliged to reimburse the Service Provider's reasonable costs if he exercises his right of termination after the start of performance.
The Contract shall terminate:
•
By
•
Withdrawal/cancellation by the consumer
This contract shall terminate
● the termination of the contract without succession of either party,
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● performance,
● in other cases provided for by law.
This contract may be terminated
● Either party may terminate this contract in the event of a serious breach by the other party and failure to remedy the breach within 30 days by giving written notice to the other party giving reasons for the termination.
● The parties may terminate this contract by mutual agreement at any time.
In the event of termination, the Consumer shall pay the Service Provider for the service provided up to the date of termination.
The Service Provider draws the attention of the natural person Consumer to the fact that the Consumer is obliged to reimburse the Service Provider's reasonable costs if he exercises his right of termination after the start of the performance.
The natural person Consumer may exercise his/her right of withdrawal and termination in accordance with the provisions of Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses.
The Service Provider draws the attention of the Consumer to the fact that the Government Decree 45/2014 (II.26.)
§ 20 (2) (b) in the event of cancellation of an order for the service.
The Service Provider draws the attention of the Consumer to the nature of the Service, with regard to the provisions of Article 29 (m) of Government Decree 45/2014 (II.26.) in case of cancellation of the Service order.
20. § (1) In the case of an off-premises contract concluded between absentee traders, the consumer shall have the right of withdrawal without giving reasons within the period specified in paragraph (2). In the case of an off-premises and distance contract for the provision of a service, if, after making a declaration under section 13 or 19
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performance has begun, the consumer shall have the right to terminate the contract without notice within the period specified in paragraph 2.
(2) The consumer may exercise his right of withdrawal or termination under paragraph 1
a) for a contract for the sale of goods
aa) the goods,
ab) in the case of the sale of several goods, if the supply of each good takes place at different times, the last good supplied,
ac) in the case of goods consisting of several lots or pieces, the last lot or piece delivered, ad) if the goods are to be supplied regularly within a specified period, the first supply,
the date of receipt by the consumer or a third party other than the carrier and indicated by the consumer;
b) in the case of a contract for the provision of services, within fourteen days of the date of conclusion of the contract.
(3) Paragraph (2)(a) shall not affect the consumer's right to exercise his right of withdrawal under this section during the period between the date of conclusion of the contract and the date of receipt of the goods.
(4) If the consumer has made an offer to conclude the contract, the consumer has the right to withdraw the offer before the conclusion of the contract, which terminates the obligation to make an offer to conclude the contract.
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21. § (1) If the undertaking has not complied with the obligation to provide the information specified in point (i) of paragraph (1) of Article 11, the withdrawal period specified in paragraph
(2) of Article 20 shall be extended by twelve months.
(2) If the undertaking has provided the consumer with the information specified in paragraph (1) within twelve months of the expiry of the period specified in Article 20(2), the period for withdrawal or termination shall expire on the fourteenth day following the communication of that information.
22. § (1) The consumer shall exercise the right granted in § 20.
a) using the model declaration in Annex 2; or
b) by means of a clear declaration to that effect.
(2) The business may also provide the consumer with the opportunity to exercise the right set out in paragraph (1) of Article 20 on its website. In this case, the business shall acknowledge receipt of the consumer's declaration on a durable medium without delay.
(3) The right provided for in § 20 shall be deemed to have been exercised in due time if the consumer sends his declaration before the expiry of the time limit provided for in § 20 (2) or § 21.
(4) The burden of proof that the consumer has exercised the right set out in § 20 in accordance with this § shall lie with the consumer.
23. § (1) If the consumer withdraws from an off-premises or distance contract in accordance with
§ 22, the undertaking shall, without undue delay and at the latest on the date of withdrawal
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within fourteen days of becoming aware of the consumer's failure to pay, the consumer shall reimburse the full amount paid by the consumer as consideration, including any costs incurred in connection with the performance of the service.
(2) In the event of withdrawal or termination in accordance with Article 22, the undertaking shall reimburse the consumer in the same way as the consumer used the payment method. Subject to the consumer's express consent, the undertaking may use another method of payment for the refund, but the consumer shall not be charged any additional fee as a result.
(3) If the consumer expressly chooses a mode of transport other than the least costly standard mode of transport, the undertaking is not obliged to reimburse the additional costs incurred.
(4) In the case of a contract for the sale of goods, the business may retain the amount specified in paragraph 1 until the consumer has returned the goods or proved beyond reasonable doubt that he has returned them, whichever is the earlier. The trader shall not have the right of detention if he has undertaken to return the goods himself.
(5) With regard to the processing of the consumer's personal data, the company shall comply with its obligations under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Regulation (EC) No 95/46/EC (General Data Protection Regulation).
(6) The undertaking shall refrain from using any content other than personal data generated by the consumer when using digital content or digital services provided or created by the undertaking, unless such content
a) not be used in connection with digital content or digital services provided by the business,
b) applies only to the consumer's activities when using digital content or digital services provided by the business,
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c) has been merged by the undertaking with other data and cannot or could only be separated with disproportionate effort, or
d) has been produced by the consumer with other persons and can continue to be used by other consumers.
(7) Except as provided for in points (a), (b) or (c) of paragraph 6, the undertaking shall make available to the consumer, at the consumer's request, any content other than personal data which the consumer has provided or created when using digital content or digital services provided by the undertaking.
(8) The consumer has the right to download digital content free of charge, without restriction, within a reasonable time, in a commonly used and machine-readable format.
(9) In the event of withdrawal from the contract, the undertaking may, without prejudice to paragraph 7, prevent the consumer from continuing to use the digital content and the digital service, in particular by making the digital content and the digital service inaccessible to the consumer or by blocking the consumer's user account.
24. § (1) If the consumer withdraws from an off-premises or distance contract in accordance with Section 22, he shall return the goods immediately, but not later than fourteen days from the date of the withdrawal, or hand them over to the trader or to a person authorised by the trader to take delivery of the goods, unless the trader has undertaken to return the goods himself. The return shall be deemed to have been effected in time if the consumer sends the goods before the expiry of the time limit.
(2) The consumer bears only the direct cost of returning the goods, unless the business has agreed to bear this cost.
(3) If the goods have been delivered to the consumer at the same time as the off-premises contract is concluded, the trader must return the goods at his own expense if they cannot be returned by post.
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25. § The consumer is liable only for depreciation resulting from use beyond the use necessary to establish the nature, characteristics and functioning of the goods. The consumer shall not be liable for depreciation if the trader has failed to comply with the obligation to provide the information provided for in point (i) of Article 11(1).
Article 25/A In the event of withdrawal from the contract, the consumer shall refrain from using the digital content or digital service and from making it available to third parties.
26. § (1) If, in the case referred to in Article 13 or Article 19, the consumer terminates the off- premises or distance contract after the performance has begun, he shall pay the undertaking a fee proportionate to the service provided up to the date of notification of the termination to the undertaking. The amount to be paid by the consumer on a pro rata basis shall be determined on the basis of the total amount of the consideration laid down in the contract plus tax. If the consumer proves that the total amount so determined is excessive, the pro rata amount shall be calculated on the basis of the market value of the services provided up to the date of termination of the contract.
(2) For the purposes of this Section, the market value shall be determined by taking into account the consideration of the value of the same service provided by undertakings performing the same activity at the time of the conclusion of the contract.
27. § The consumer shall not bear the following costs when exercising his right under Article 20:
a) all or part of the costs of performing the contract for the provision of the service, ha
aa) the undertaking has not complied with the information obligation provided for in points (i) or
(k) of paragraph (1) of Article 11, or
(ab) the consumer has not requested the start of the service in accordance with Articles 13 and 19 at the
before the expiry of the period specified in paragraph (2) of Article 20;
b) all or part of the cost of providing digital content on a non-tangible medium, if
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(ba) the consumer has not given his or her express prior consent to the performance of the contract before the expiry of the time limit specified in paragraph (2) of Article 20,
bb) the consumer has not, at the same time as giving his consent under point (ba), acknowledged that his consent would result in the loss of his rights under Article 20, or
bc) the undertaking has failed to provide the confirmation required under Article 12(2) or Article 18.
28. § The consumer shall not be subject to any additional costs or other obligations in connection with the exercise of his right under § 20, in addition to those set out in § 23 (3) and §§ 24-26.
29. § (1) The consumer may not exercise his right under Section 20.
a) in the case of a contract for the provision of a service, after full performance of the service, but, where the contract imposes a payment obligation on the consumer, only if performance has begun with the consumer's express prior consent and the consumer's acknowledgement that he will lose his right of withdrawal once the business has performed the contract in full;
b) in respect of goods or services whose prices or charges are subject to fluctuations in the financial market which cannot be influenced by the undertaking and which are possible even during the period specified in paragraph (2) of Article 20;
c) in the case of goods which are not prefabricated, which have been manufactured on the instructions or at the express request of the consumer, or which are clearly personalised for the consumer;
d) perishable goods or goods that will remain in good condition for a short period of time;
e) for goods in sealed packaging which, for health or hygiene reasons, cannot be returned after opening after delivery;
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f) goods which, by their nature, are inseparably mixed with other goods after delivery;
g) an alcoholic beverage the real value of which is dependent on market fluctuations in a way beyond the undertaking's control and the price of which was agreed between the parties at the time of the conclusion of the sales contract, but the contract is not performed until 30 days after the conclusion of the contract;
h) - with the exception provided for in paragraph 2, in the case of a contract for a service where the undertaking, at the express request of the consumer, visits the consumer in order to carry out urgent repair or maintenance work;
i) the sale of a copy of a sound or video recording or computer software in sealed packaging, if the consumer has opened the packaging after delivery;
j) newspapers, periodicals and periodicals, with the exception of subscription contracts;
k) for contracts concluded by public auction;
l) for contracts for the provision of accommodation, transport, car rental, catering or leisure activities, with the exception of housing services, if a deadline or period for performance has been set in the contract;
m) in respect of digital content provided on a non-tangible medium, if the undertaking has commenced performance with the consumer's express prior consent and the consumer has, at the same time as giving such consent, declared that he acknowledges that he will lose his right under Section 20 after the performance has commenced, and the undertaking has sent the consumer a confirmation pursuant to Section 12(2) or Section 18.
(2) In the case referred to in point (h) of paragraph 1, the right under Article 20 extends to services or goods offered in addition to those expressly requested by the consumer and to replacement parts used to carry out the maintenance or repair.
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(3) In the cases set out in points (a) to (c) and (e) of paragraph 1, the consumer may exercise the 20, if the contract has been concluded in the context of an off-premises sale as defined in the Act on Commerce or in the context of the sale of goods in connection with a trade fair
8. Service provider's performance
The Service Provider will start providing the service within 5 days of the Order and within 30 days.
The language of these General Terms and Conditions is Hungarian, or in a simplified translation English.
The Service Provider assigns the right to use the service indicated in point 3 of the GTC, otherwise it reserves all rights. The service indicated in point 3 of the GTC is protected by copyright. The consumer expressly acknowledges the information provided by the Service Provider in this clause.
The Service Provider informs the Consumer that the images, videos, texts, e-books and other materials on its website are the property of the Service Provider.
The contracting parties declare that they will cooperate with each other in the performance of the contract, provide each other with the necessary information, and prefer to settle any disputes primarily by amicable means.
The parties are free to conclude a contract and to choose the other contracting party. The parties are free to determine the content of the contract.
The Service Provider is entitled to unilaterally amend these GTC.
The part of the contract not affected by the amendment remains unchanged.
The provisions applicable to the conclusion of the contract shall apply mutatis mutandis to the amendment of the contract.
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A party may unilaterally modify the content of the contract if this is stipulated in the contract or if the party is entitled to do so by law.
The Service Provider shall place the essential elements of the amendment in a prominent place on
www.innobotz.com/huoldalon.
The digital content is operated by the Repository Service Provider. www.innobotz.com is
firewalled. The technical protection measures to be applied and the interoperability with hardware and software are governed by the rules of the Hosting Provider.
The Service Provider draws the Consumer's attention to the fact that data entry errors can be corrected by sending an e-mail to
info@innobotz.com
before sending the contractual statement.
The Service Provider reserves the right to subcontract to subcontractors to ensure that the service is provided and completed on time.The Service Provider will endeavour to complete the service as soon as possible.
1. Consumer: a natural person acting outside the scope of his or her profession, self- employment or business activity;
2. Service provider: a person acting in the course of his/her profession, self-employed occupation or business;
The Customer who is a Consumer may lodge a complaint by sending an e-mail to the Service Provider's e-mail address
info@innobotz.com
. The Service Provider will assign a unique identification number to the complaint and will investigate it immediately in the case of a verbal complaint and within 30 calendar days in the case of a written complaint, and will notify the Consumer of the outcome.2 1
The verbal complaint should be investigated immediately and remedied as necessary.
If any Consumer dispute between the Service Provider and the Consumer is not settled in the course of negotiations with the Service Provider, the Consumer may apply to the regional conciliation body competent in the place of residence or stay and initiate the proceedings of the body, or may apply to the conciliation body competent in the place of the Service Provider's registered office, and the following enforcement options are available to the Consumer.
•
Complaints to the Consumer Protection Authority (Consumer Protection Department of the Government Offices) If your complaint is rejected, you can turn to the Government Office of your place of residence.
•
Dispute resolution
Procedure
from
EuropeanUnion
online
dispute resolution
platform:
In Hungary, the Budapest Conciliation Board (BBT) is entitled to act in cross-border disputes between the Consumer and the Service Provider related to online sales or service contracts.
•
Initiation of conciliation panel proceedings
The Conciliation Body competent for the place where the Service Provider is established:
•
Initiation of legal proceedings
Conciliation Body concerning rules For the purposes of the Consumer/Customer/Consumer, a non-governmental organisation, a church, a condominium, a housing association, a micro, small and medium-sized service provider within the meaning of a separate law, who buys, orders, receives, uses, makes use of goods or is the recipient of commercial communications or offers relating to goods, shall also be considered a Consumer/Customer/Consumer.
The Service Provider is obliged to cooperate in the conciliation procedure.
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The Consumer may refer the Consumer dispute to the following conciliation bodies based on his/her place of residence/residence:
Regional conciliation bodies and their online contact details:
Legal basis: Act V of 2013 on the Civil Code and Government Decree 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses.
Act CVIII of 2001 on certain aspects of electronic commerce services and information society services.
NGM Decree No 23/2014 (VI. 30.) on the tax administration identification of invoices and receipts and on the tax authority control of invoices stored in electronic form.
•
Act CXII o f 2011 on the Right to Informational Self-Determination and Freedom of Information.
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Levente Kótka Individual Entrepreneur.
4544 Nyírkarász, Madai út 25.
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Annex No.
Withdrawal Notice to the Consumer when ordering a service
I, the undersigned, hereby declare that I exercise my right of withdrawal in respect of the contract for the following services:
Name of the contract:
The exact indication of the service:
Date of conclusion of the contract:
Name of the Consumer:
Address of the Consumer:
I request a refund of the Service fee to the following bank account:
Bank Name: Bank Account Holder: Bank Account Number: Dated:
Consumer's signature