USER´S AND PROVIDER´S RIGHTS AND OBLIGATIONS
User´s rights and obligations
User is entitled to use the services in the scope as stipulated on the portal Humanet, and after they have met the conditions provided for in Article 4 of these GBTC.
User is obliged:
to use the services to the contractually agreed extent, in compliance with the generally binding legislation, with these GBTC, with the instructions and terms stipulated in the operating instructions; User shall be responsible for the accuracy of the data entered into the system Humanet;
as of the day of the effect of the contract, to give Provider all synergy required pursuant to Point 6.5 of these GBTC;
to notify Provider in writing about any change of the data provided to Provider at the time of entering into the contract, mainly to notify Provider about the change of the business address (headquarters), business name, invoicing address, and parties authorized to act on behalf of User, including making changes on the portal Humanet; User is obliged to do so within five days on the day of the change at the latest;
to pay Provider all their monetary obligations arising from the contract (e. g. payments) in a timely and proper manner, in the amount agreed, and in compliance with these GBTC; User´s monetary obligation shall be deemed as met on the day when the relevant payment in the amount agreed has been credited to Provider´s bank account;
to take all measures necessary to prevent any use / misuse of the service by third parties (such as measures against the leakage of User´s access passwords for the use of the services, and others).
User shall be liable for a third party´s actions in their entirety, as if they were User´s actions.
User is not authorized to interfere with the system Humanet in any way other than through the functions contained therein, and they are not authorized to change or modify the system. This Point does not extend in any way User´s entitlements as defined in these GBTC.
During the term of the contract User is obliged to give Provider synergy necessary for the performance of the contract and of Provider´s obligations. The absence or lack of User´s synergy precludes Provider´s liability for delays and damages.
Provider is entitled to prompt User to register in the system ServiceDesk, whereby User shall be sent a registration number required for the registration, together with the system instructions. User is obliged to register in the system ServiceDesk, and to communicate with Provider solely by means of the system or over the phone, using the numbers available on the portal Humanet. The e-mails sent to the following addresses: email@example.com and firstname.lastname@example.org will be automatically redirected to the system ServiceDesk. If User fails to register in the system ServiceDesk, Provider will not be obliged to handle User´s request sent by e-mail.
User notes that the services are not intended for processing such data which are by their nature subject to specific legislation (e. g. they are subject to the statutory obligation of confidentiality, they are protected as bank secrecy, tax secrecy, classified information etc.), and that User provides the data at their own risk and liability; Provider shall not bear any liability for User´s data.
User declares that they are authorized to handle the data, that they have all the consents to handle the data in the scope and form required by the relevant legislation, and that processing of the data does not pose a threat or breach to User´s rights or legitimate interests, or to the rights or legitimate interests of any third parties. User further declares that the data they have entered are true, accurate and complete, and the registration has been executed and the contract has been entered into by User or by a party authorized to act on behalf of User. The statements made pursuant to this paragraph of GBTC shall be deemed as repeated with each use of the services.
If any of User´s statements hereby under these GBTC turns out to be false, or becomes false, and if such fact entails the assertion of any third parties´ claims or the imposition of sanctions by public authorities against Provider, User undertakes to compensate Provider in full. The compensation obligation under the previous clause concerns in particular, but not only, any Provider´s costs incurred as a result of such claims or the imposition of such sanctions, or in relation to them. User making any untrue statement establishes Provider´s right to withdraw from the contract pursuant to Point 11.1 of these GBTC.
User´s rights and obligations
Provider provides services with professional care. Provider is obliged to update the system Humanet continuously and well in advance, as well as in compliance with the legislation in force.
After the terms stipulated in Article 4 of these GBTC have been met, Provider is obliged to provide User with the access to the portal Humanet by means of a user name and password which User themselves or through a third party have entered at their registration on the portal Humanet. If Provider has records of any overdue receivables against User, or in relation to User (e. g. a payment), Provider is entitled to not allow User to order any other services until all Provider´s receivables against User have been paid in full. Provider is entitled to add any User´s due payments to any User´s or User-related previous overdue receivables that Provider has records of.
For the purposes of User´s registration data verification pursuant to Point 4.1 of these GBTC, Provider is entitled to ask User to submit all relevant information and documents certifying:
the fact that a third party has all necessary permissions and consents by User related to the authorization of the use of a service on behalf of User; and
User´s competence to perform the obligations arising from the contract in a timely and proper manner.
Provider shall provide User with the access to the system Humanet, with the possibility to interrupt the access, as stipulated in these GBTC. Provider is obliged to notify User at least six months prior to the expiry of a period the expiry of which Provider is entitled to consider as the termination of the use of the services pursuant to Point 2.15 of these GBTC; Provider´s notification needs to be sent to User´s e-mail address under which User is registered on the portal Humanet. One month prior to the expiry of the period pursuant to the previous clause Provider shall notify User on the consequences of the permanent deletion and inaccessibility of User´s data on the portal Humanet by sending an e-mail to User´s e-mail address under which User is registered on the portal Humanet. If User fails to sing in to their profile on the portal Humanet even after the notification has been delivered, as specified in the previous clause, and if User also fails, in Provider´s opinion, to indicate in any other relevant way their interest in continuing to use the services, the contract shall expire at the end of the period specified in Point 2.15 of these GBTC, and Provider shall permanently delete User´s data and make them inaccessible so that they cannot be recovered (User´s profile, including the user-based or a third party-based agenda and their back-ups, also in the case when the agenda has been accessible to other users). Until the deletion of the data, pursuant to the previous clause, User is, at any moment, able to agree with Provider on the terms under which Provider allows User to install the service locally, on User´s computer, with User being granted unlimited access to User´s data. This shall not affect Provider´s obligation to delete User´s data after the termination of the service use by User, or the termination of the contract.
Provider is entitled to perform a planned shutdown of a maximum of 300 minutes per month on the servers and other devices used for the provision of the services. The shutdowns are to provide time for necessary modifications, updates and upgrades of the software, or for hardware maintenance and replacements. Provider has to alert users to shutdowns by a notice on their portal, and if a shutdown is to take longer than 300 minutes in a month, Provider has to notify User also via e-mail sent to User´s registration e-mail address.
Furthermore, Provider is entitled to temporarily suspend or limit the provision of the services without such action being considered as a breach of the contract; Provider is entitled to do so if they reasonably believe that User or a third party:
abuses a service or allows its abuse, until the abuse has been eliminated, or until technical measures preventing the abuse have been taken. Examples of the abuse of services are as follow:
- (a) using the service provided to perform any illegal or inappropriate activity which runs counter to the current legislation of Slovak Republic or the European Union;
- (b) dissemination and enabling the dissemination of illegal or inappropriate communication;
- (c) dissemination and enabling the dissemination of malicious codes;
- (d) dissemination and enabling the dissemination of unsolicited and annoying messages;
- (e) copyright infringement and allowing copyright infringement;
- (f) breach of the security of Provider´s networks, information systems or services;
- (g) unauthorized access or attempted unauthorized access to the data in Providers networks and information systems, or to other users´ data;
- (h) overloading Provider´s networks and information systems;
- (i) when, after the contract has been entered into, User shows to be in debt to Provider.
Provider provides and User receives the services „as they are“. The application is not intended for consumers, or for entities subject to a special regulation. User also takes note that granting the permission to use the services does not constitute the provision of services of a tax advisor or an accountant, and the services do not replace either tax advisors´ or accountants´ services.
Provider is also entitled:
to a payment for the provision of the services, in compliance with the contract and with these GBTC;
to a compensation of damage caused by User or by a third party having abused the services as stipulated in Point 7.6.1 of these GBTC;
to temporarily suspend or limit the provision of the services to User under these GBTC;
to User´s synergy necessary for the proper performance of Provider´s obligations pursuant to Point 6.5 of these GBTC;
to terminate the contract in compliance with these GBTC.
Provider shall not be held liable for the contents of the data provided by User in the course of the provision of the services.
Provider shall not be obliged to release the agenda data to User as long as User´s due payments have not been paid. This shall not affect Provider´s right to permanently delete and make inaccessible User´s data after the use of the service has been terminated, pursuant to Point 7.4 of these GBTC; neither it shall affect Provider´s right to terminate the contract unilaterally, in compliance with Point 11.3 of these GBTC.
Provider has the right to indicate User, as long as User is a legal entity, in Provider´s reference documents, stipulating User´s name. Using other User´s data under the previous clause (such as a logo), as well as using data of a user who is a physical entity are only possible with the user´s prior consent.
After the termination of the contract pursuant to Article 11, Provider is obliged to delete all User´s data so that they cannot be restored (User´s profile, including User-based or a third party-based agenda and their backups; as well as if the agenda has been accessible to other users). Until the data deletion under the previous clause, User is, at any moment, able to agree with Provider on the terms under which Provider allows User to install the service locally, on User´s computer, with User being granted unlimited access to User´s data. However, Provider is shall not be obliged to delete such User´s data the further storage or processing of which are required under special legal regulations, or if, by storing the data, Provider pursues the purpose of the proving, asserting or defending their legal claims against third parties, or the legal claims being asserted by third parties.