General Business Terms and Conditions

The General Business Terms and Conditions effective as of 1 September 2020.

The General Business Terms and Conditions govern the contractual relationship between Provider and User, and the terms of using the system Humanet or its selected services (hereinafter „GBTC“).

  1. 1. Introductory provisions and definitions
  2. 2. Subject matter of the contract, procedure and terms for the provision of services, payments
  3. 3. User´s and Provider´s rights and obligations
  4. 4. Personal data protection, intellectual property
  5. 5. Duration and termination of the contract
  6. 6. Liability
  7. 7. Modification of GBTC, final provisions

PART 1

INTRODUCTORY PROVISIONS AND DEFINITIONS

Article 1

Introductory Provisions

1.1.

These GBTC hereby set out in detail the framework of the legal relationship between Provider and User established by the contract under Point 10.1 of these GBTC.

Article 2

Definitions

2.1.

Provider is the company HOUR, Ltd, based in 836/33 M. R. Štefánik´s Street, 010 01 Žilina, BID: 31586163, ID VAT: SK2020448969, registered in the Commercial Register of the District Court Žilina, Section: Sro, Insert No.: 1182/L, bank account No.: SK82 0900 0000 0000 7656 7126, SLSP, email: info@humanet.sk, portal: www.humanet.sk. Provider is authorized to provide Users with the access to a selected service of the system Humanet via the internet.  

2.2.

User is each physical or legal entity with whom Provider has entered into a contract as stipulated in Point 2.16 of these GBTC, or who Provider invoices for services delivered as stipulated in Article 5 of these GBTC, and who is not a third party. A third party using the services, and any acts by a third party shall be deemed as User acting and using the services as if executed by User themselves.  

2.3.

Third party is any party who is, based on employment or any other similar relationship with User, authorized to use the services of the system Humanet on behalf of User, or who has access to the services of the system Humanet through User, or who has been enabled by User by any means to use the services of the system Humanet (such as an employee, a statutory authority, a third party providing User with the services of the system Humanet etc.)

2.4.

Pursuant to Art. 4 par. 7 of the EP and (EU) Council Regulation No. 2016/679 (hereinafter „GDPR“), Controller is any party who, on their own or together with other individuals, determines the purposes and means of personal data processing. For the purposes of these GBTC Controller shall mean User.

2.5.

Pursuant to Art. 4 par. 8 GDPR, Processor is any party who processes personal data on behalf of Provider. For the purposes of these GBTC Processor shall mean Provider.

2.6.

Personal data pursuant to Art. 4 par. 1 GDPR is any information concerning an identified or identifiable physical entity. For the purposes of these GBTC personal data shall mean such personal data which meet the criteria pursuant to the previous clause which have been provided by User or a third party to Provider prior to or after entering into the contract as stipulated in Point 2.16 of these GBTC.

2.7.

Data is any data including personal data, provided by User or a third party to Provider in the course of using the services of the system Humanet within the framework of the system Humanet.

2.8.

Contract on personal data processing is a contract under Art. 28 par. 3 GDPR which, while personal data is processed by Provider (Processor) on behalf of User (Controller), binds Provider to User, and which stipulates the subject matter and period of processing, the nature and purpose of processing, the type of personal data and the categories of individuals concerned, and Controller´s obligations and rights, as well as other essentials pursuant to Art.  28 par. 3 a) to h) GDPR; to be deemed as a contract on personal data processing is also a contract entered into pursuant to Art. 28 par. 4 GDPR which is signed in such cases where User takes the legal position of Provider who processes personal data on behalf of another provider (such as an external provider of payroll or bookkeeping services for an employer with whom they have entered into a relevant service contract), and Provider takes the legal position of another processor who executes some of the processing operations originally executed by User on behalf of User, and thus takes the position of another processor; for the sake of clarity, hereinafter the GBTC contract on personal data processing shall be distinguished as either a contract on personal data processing pursuant to Art. 28 par. 3 GDPR, or a contract on personal data processing pursuant to Art. 28 par. 4 GDPR.

2.9.

Business partner is any party authorized to sell the services of the system Humanet to User on the grounds of a collaboration contract which they have entered into with Provider on selling the services of the system Humanet. The list of business partners is made available to the public on the portal www.humanet.sk under the Business Partners section.

2.10.

Humanet, or the system Humanet, or the agenda Humanet, or the portal Humanet, provides namely the functionalities enabling double-entry bookkeeping management, and the functionalities for payroll, personnel and attendance processing; the functionalities are available via the internet. 

2.11.

Services are the specific services of the system Humanet among its services specified on the portal Humanet used by User or a third party.  

2.12.

Price list is a document published on the website www.humanet.sk/cennik the contents of which, including the relevant terms used therein, relates also to these GBTC.  

2.13.

Payment is the price paid by User to Provider for the services used based on a contract and in compliance with Price list.  

2.14.

Personal data protection means processing and protecting of the personal data entered into the system Humanet by User or by a third party, and it is defined under the relevant contract on personal data processing.  

2.15.

Termination of the use of services means, except in instances provided for in these GBTC, also the case in which more than 18 months have passed since the last time User or a third party logged in to User´s agenda. 

2.16.

Contract is a bilateral legal act by Provider and User entered into pursuant to Point 10.1 of these GBTC.  

2.17.

Parties means Provider and User together or, in a relevant instance, a User´s representative or a third party pursuant to Point 2.3 of these GBTC.

PART 2

SUBJECT MATTER OF THE CONTRACT, PROCEDURE AND TERMS FOR THE PROVISION OF SERVICES, PAYMENTS


Article 3

Subject matter of the contract

3.1.

The subject matter of the contract is Provider´s commitment to provide User with the service of using the system Humanet via the internet and in the scope of the services selected by User, as they are exactly provided for and specified on the portal Humanet, and User´s commitment to make relevant payments to Provider for the services.


Article 4

Procedure and terms for the provision of services, and payments

4.1.

User is obliged to register on the portal Humanet, using complete and accurate registration data required for the registration. User shall be responsible for the completeness and accuracy of the data provided by User or a third party. If Provider is not able to verify the completeness and accuracy of User´s registration data provided, Provider will be entitled to block the use of the services by User temporarily, until the data has been authenticated. If the authentication of User´s registration data completeness and accuracy fails to occur even within the period of 6 months on the day of User´s registration, Provider will be entitled to cancel User´s profile, including the User-based agenda; Provider shall be entitled to do so also if the agenda is available to other users, too. The day of the cancellation of User´s profile including the User-based agenda, pursuant to the previous clause, shall be deemed as the day of the contract termination under Point 11.1.5 of these GBTC. If Provider detects retrospectively any of User´s data to be inaccurate or incomplete, Provider shall be entitled to correct the given data, and inform User by e-mail which User has provided for under their registration on the portal Humanet. User shall remain blocked until the data changed has been authenticated, and they shall not be able to use the services. If Provider is not able to correct User´s registration data, Provider shall be entitled to terminate the contract unilaterally, in compliance with Point 11.3 of these GBTC, whereby the notice period shall be 24 hours.


Article 5

Payments

5.1.

User shall make payments for the services based on an electronic invoice sent by Provider as stipulated in Point 5.2 of these GBTC. If User fails to make a payment within its due period, Provider reserves the right to block User´s access to the service. Provider may also block the access to User-based agenda, even if the agenda is available to other users. The entitlement to block the access as provided for in the previous clause may also be used by Provider towards users whose user profiles contain a business ID (BID) or an e-mail address to send electronic invoices to which are identical with those of User´s if a payment of User´s is overdue. Provider is entitled to an activation charge for unblocking the access pursuant to Provider´s current Price list under Point 2.12 of these GBTC. This does not affect Provider´s right to terminate the contract unilaterally in compliance with Point 11.3 of these GBTC.

5.2.

Hereby, within the meaning of Act No. 222/2004 Coll. on value added tax as amended, User grants Provider User´s consent to invoice them for the services delivered by means of electronic invoices in pdf format (hereinafter „electronic invoice“). Within the meaning of Act No. 222/2004 Coll. on value added tax as amended, an electronic invoice is deemed as a tax document. Provider undertakes to send the electronic invoices to User via electronic mail, to the e-mail address which User has provided for in their profile as the address to send electronic invoices to. User shall forthwith inform Provider about any changes which might affect the delivery of electronic invoices under these GBTC, mainly about any change of the e-mail address; at the same time User shall forthwith update their profile with such changes on the portal Humanet. Provider shall not be held liable for any damages caused by any data leakage related to a communication route failure during an electronic invoice delivery over the internet. Provider shall not be held liable for any damages caused by User´s insufficient internet connection, by failures that have occurred on the communication route to User, or any damages resulting from User not being able to make the relevant connection, or to connect to the internet.

5.3.

Provider shall always issue an invoice on the last day of the month of User using the services. If the payment for using the services within the relevant calendar month to be invoiced does not amount to at least € 10.- VAT incl., Provider may choose to issue the invoice in the following calendar month, or in a month when the total value of the payments for the relevant calendar months exceeds the amount of € 10.- VAT incl. at least. However, by the end of a calendar year Provider shall have issued an invoice, even if the total amount to be invoiced is lower than € 10.- VAT incl. If the contract has been terminated, Provider shall issue an invoice on the last day of the relevant service being provided.  

5.4.

Provider shall provide User with a discount in the amount of € 10.- VAT incl. at the launch of the first agenda for the actual data processing on the portal Humanet.

5.5.

The use of the services begins on the day when User has selected the relevant service by means of the portal Humanet.

5.6.

A payment does not include an internet connection charge on User´s side, which User is obliged to get on their own expense.

PART 3

USER´S AND PROVIDER´S RIGHTS AND OBLIGATIONS


Article 6

User´s rights and obligations

6.1.

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.

6.2.

User is obliged:

6.2.1.

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;

6.2.2.

as of the day of the effect of the contract, to give Provider all synergy required pursuant to Point 6.5 of these GBTC;

6.2.3.

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;

6.2.4.

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; 

6.2.5.

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).

6.3.

User shall be liable for a third party´s actions in their entirety, as if they were User´s actions.

6.4.

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.    

6.5.

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.   

6.6.

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: mzdy@humanet.sk and uctovnictvo@humanet.sk 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.


6.7.

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.

6.8.

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.  

6.9.

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.


Article 7

User´s rights and obligations

7.1.

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.

7.2.

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.

7.3.

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:

7.3.1.

User´s identity;

7.3.2.

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

7.3.3.

User´s competence to perform the obligations arising from the contract in a timely and proper manner.

7.4.

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.

7.5.

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.   

7.6.

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: 

7.6.1.

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.

7.7.

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. 

7.8.

Provider is also entitled:

7.8.1.

to a payment for the provision of the services, in compliance with the contract and with these GBTC;

7.8.2.

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;

7.8.3.

to temporarily suspend or limit the provision of the services to User under these GBTC;

7.8.4.

to User´s synergy necessary for the proper performance of Provider´s obligations pursuant to Point 6.5 of these GBTC;

7.8.5.

to terminate the contract in compliance with these GBTC.

7.9.

Provider shall not be held liable for the contents of the data provided by User in the course of the provision of the services.

7.10.

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.

7.11.

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. 

7.12.

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.

PART 4

PERSONAL DATA PROTECTION,  INTELLECTUAL PROPERTY


Article 8

Personal data protection

8.1.

Pursuant to Art. 28 GDPR together with § 34 of Act No. 18/2018 Coll. on personal data protection and on amendments to certain Acts as amended,  (hereinafter „the Act“), Controller and Processor are obliged to enter into a contract on personal data processing (either under Art. 28 par. 3 or 4 GDPR) prior to processing the personal data provided by User or by a third party on User´s behalf. As of the moment of entering into the contract, User or a third party are technically capable of entering personal data into the system Humanet. Provider prohibits User from entering any personal data into the system Humanet before User and Provider have entered into a relevant contract on personal data processing, depending on User´s legal status from the viewpoint of GDPR (see the definition of the term ´contract on personal data processing´ under Point 2.8 of these GBTC). The relevant contract on personal data processing is available on Provider´s website here. User is obliged to print two copies of the relevant contract on personal data processing, sign them both, and send them to Provider´s business address. After User has received one of the copies signed by Provider, User shall be authorized to enter personal data into the system Humanet. User shall be fully liable for the breach of GDPR or the Act if the personal data are entered into the system Humanet prior to entering into the relevant contract on personal data processing. User has been alerted to the breach of GDPR or the Act pursuant to the previous clause by Provider, who shall not be held liable for such possible violation of GDPR or the Act.   

8.2.

User is informed on the processing of User´s personal data which Provider has been provided with within the registration process, as well as in the process of using the system Humanet services; the scope of the information User receives complies with Art. 13 GDPR, and it is provided to User via e-mail sent after User´s registration has been completed to the e-mail address that User has used for their registration on the portal Humanet.  


Article 9

Intellectual property

9.1.

The system Humanet is a copyright work under the Act No. 185/2015 Coll. Copyright Act as amended. The visual of the portal Humanet is Provider´s intellectual property. The marking „Humanet“ is a registered trademark of Provider´s.

9.2.

Abusing the access to the system Humanet, its unauthorized use, or performing unauthorized modifications, imitating or copying the visual of the portal Humanet, and unauthorized use of the marking „Humanet“ are, under the relevant legislation, considered as proceedings infringing Provider´s intellectual property rights, establishing civil or also criminal liability. Information by User on using the system Humanet (so called references) shall not be considered as unauthorized use of the marking „Humanet“. User´s proceedings considered as a violation of Provider´s intellectual property rights shall be a reason to terminate the contract unilaterally, in compliance with Point 11.3 of these GBT, whereby the notice period shall be 24 hours.

PART 5

DURATION AND TERMINATION OF THE CONTRACT


Article 10

Establishment of the contract

10.1.

The contract shall be considered as contract duly made at the moment of User´s consent to these GBTC based on which Provider and User enter into the contract under § 269 par. 2 of Commercial Code; the said contract defines the rights and obligations of Parties in relation to the provision of internet access to the system Humanet within the scope of the service selected by User. Publishing these GBTC on the portal Humanet, under the section General Business Terms, shall be deemed as Provider´s consent to them. When User has marked the option „I agree with the General Business Terms and Conditions“ on the portal Humanet, this shall be deemed as User´s (including a third person on User´s behalf) consent to these General Business Terms and Conditions. Provider is entitled to change and modify these GBTC under the terms pursuant to Article 13 of these GBTC.

10.2.

The contract is entered into for an unlimited period.


Article 11

Termination of the contract

11.1.

The contract is terminated:

11.1.1.

by a written agreement of both Parties, whereby the signatures of the individuals authorized to act on behalf of Provider and User have to be on the same document;

11.1.2.

by deleting User´s data permanently, and making the data inaccessible pursuant to Point 7.4 of these GBTC;

11.1.3.

upon the expiry of the relevant notice period;

11.1.4.

by a withdrawal from the contract;

11.1.5.

in another manner specified in these GBTC.

11.2.

Both Parties are entitled to terminate the contract under the terms, in the manner and within the time limits set by the contract or by these GBTC.

11.3.

Provider is entitled to terminate the contract within the time limit set by these GBTC, otherwise within the notice period of one calendar month, if:

11.3.1.

these GBTC provide so;

11.3.2.

User fails to pay a due invoice for the services provided within 30 days after their access has been blocked pursuant to Point 5.1 of these GBTC;

11.3.3.

User fails to comply with any of the obligations under Article 6 of these GBTC.

The termination of the contract shall be delivered via e-mail to User´s e-mail address from User´s registration on the portal. The notice period shall start running on the business day following the day of sending the termination of the contract to User. The contract is terminated upon the expiry of the notice period.

11.4.

User is entitled to terminate the contract on their own, by means of their statutory body or another authorized person that has been authorized to act on User´s behalf; the termination of the contract shall be sent by e-mail to Provider´s e-mail address referentprezmluvy@hour.sk. The notice period in such event is not less than 1 calendar month, whereby the period shall start running on the first day of the calendar month immediately following the delivery of the termination, and it ends on the last day of the calendar month selected by User.  

11.5.

If User sends the account cancellation request over the portal Môj Humanet, this shall also be deemed as the termination of the contract by User.  The notice period shall be not less than 1 calendar month, whereby it shall start running on the first day of the calendar month immediately following the delivery of the account cancellation request, and it ends on the last day of the calendar month selected by User.  

The account cancellation means that User loses the access to their agenda. At the same time Provider shall send the account cancellation notification to all users who have access to any of the agenda of User requesting the account cancellation.

The account cancellation means the termination of the contract entered into within the meaning of Point 10.1 of these GBTC, and the Contract on personal data processing entered into under Point 2.8 of GBTC. After User´s account cancellation, Provider shall save the agenda, whereby, under GDPR in relation to the data processed in the agenda, Provider shall acquire the status of Controller. The legitimate aim of personal data processing by Provider is to legal claims protection and damage prevention. Provider undertakes that the personal data that do not necessarily need to be processed in order to achieve the given purpose shall be anonymized without the possibility of restoring them, and that, after all obligations have been settled, all agenda shall be deleted permanently.

11.6.

After the validity and effectiveness of the contract expire, User or a third party are not entitled to use the services.



11.7.

After the termination of the contract Provider is obliged to proceed pursuant to Point 7.12.

PART 6

LIABILITY


Article 12

Liability

12.1.

Provider is not liable for any damage caused by inappropriate or illegal content of the data provided for the system Humanet by User or a third party. 

12.2.

Provider is not liable for mistakes, or damages or data loss

12.2.1.

caused while using the services, or by its outputs if they have been caused by User, third parties or due to obstacles than have occurred regardless of Provider´s will.

12.2.2.

resulting from using the services in breach of these GBTC, from unprofessional interference with the software and environment, from User´s local network or computers being secured insufficiently, or, possibly, from hackers´attack or a similar external intervention; or

12.2.3.

resulting from a damage caused by malfunction of other producers´ programmes installed on User´s devices. 

12.3.

Provider is not liable for the display of information on User´s devices, or for the website availability at any time and place, which Provider has no control of. Nor is Provider liable for malfunction or unavailability of services for reasons on the part of User or a third party (e. g. insufficient hardware of User´s accessing device, User´s internet connection, internet or other connection failure etc.).

12.4.

If Provider suffers any damage due to User failing to comply with any of their duties and obligations set out in these GBTC, User shall be obliged to compensate Provider for the damage in full.

12.5.

Provider shall be held liable for the damage that they have demonstrably caused to User by a culpable breach of the duties, arising from these GBTC; however, Provider shall not be held liable for User´s lost profit caused by a breach of Provider´s duties stipulated in these GBTC. Provider´s liability for the damage caused to User due to Provider´s failure to properly perform their obligations, as stipulated in these GBTC, is limited to the obligation not to invoice, or to reimburse a proportion of the amount paid by User for the provision of the services for the period in which Provider has breached their obligations under these GBTC. User is obliged to claim the damages pursuant to this Point from Provider in writing not later than within three months on the day on which User became aware of the breach. User is obliged to duly prove the damage and the causal association between its occurrence and the breach of Provider´s obligation under this Point of GBTC, otherwise User shall not be entitled to the damage compensation. The total amount of the damage which Provider shall compensate User for in compliance with this Point must not exceed the amount of User´s payment for the last 12 calendar months.   

12.6.

Provider is not liable for the services not provided or impossible to provide due to a natural disaster, an unauthorized interference with the network or the information system by means of which the service is provided, or by a decision of a state authority.  

12.7.

Neither is Provider liable for the services impossible to provide due to the internet connection outage, a war, a state of war, or a national emergency, or in the event of other objective, unforeseeable and indivertible facts (force majeure).

PART 7

MODIFICATION OF GBTC, FINAL PROVISIONS


Article 13

Modification of GBTC

13.1.

Provider is entitled to unilaterally change, amend or completely replace these GBTC for the reasons as follow: ● in order to improve the quality of services, or to extend the range of services provided; ● as a result of changes in legislation or technical background concerning the provision of services; ● as a result of implementing security measures; ● following a change of Provider´s business policy or a need to make such a change; ● following the changes in the banking, monetary or capital markets, which objectively have an impact on the provision of services and on the terms of said provision. Provider shall publish the changes in GBTC, as stipulated in this Point, and their effectiveness, on Provider´s web portal. Apart from that, Provider shall inform User on such changes of GBTC via e-mail sent to User´s e-mail address, not later than 30 days before the changes enter into force.

13.2.

If the changes of GBTC under Point 13.1 of these GBTC concern contracts already concluded, User has the right to request that such changes of GBTC be not applied to a valid contract User and Provider entered into prior to the effectiveness of GBTC (hereinafter „Request“); User may place such a request within the period of 30 calendar days on the day of publishing a modified version of GBTC pursuant to Point 13.1 of these GBTC. If User exercises their right pursuant to the previous clause, and Provider does not comply with User´s Request, User shall be entitled to withdraw in writing from the contract within 30 days on the day of receiving an e-mail from Provider informing User that their Request has not been complied with. Provider is obliged to inform User pursuant to the previous clause within not more than 5 days on the day of the delivery of Request. Unless User informs Provider in writing that they do not accept the change of GBTC, then it is assumed that User has accepted the change of GBTC, and that they agree to it. In which event the said modified version of GBTC shall become an integral part of the relevant contract on the day of effect of GBTC or their change.     

13.3.

These GBTC are published on the portal Humanet, under Section GBTC, and they entered into force and effect on 1 September 2020 pursuant to Point 13.1 of these GBTC. They have replaced all Provider´s business terms that were in force and effect, before these current GBTC came into force and effect. 

13.4.

The previous general business terms and conditions applied until 31 August 2020.


Article 14

Final provisions

14.1.

Parties have chosen the law of the Slovak Republic to be the law governing all of their mutual relations. Parties have agreed that all disputes arising from the contract, including the disputes over the validity of the contract, the consequences of the invalidity of the contract, and the interpretation or termination of the contract, shall be resolved by the competent court of the Slovak Republic.  

14.2.

Documents addressed to either Party shall be primarily delivered to e-mail addresses; on Provider´s side to info@humanet.sk (provided for in Point 2.1 of these GBTC), and on User´s side to the e-mail address which User has entered in their registration on the portal Humanet. Documents shall be deemed as delivered three hours after the e-mail has been sent, unless the sender receives a notification by the e-mail service that the e-mail delivery has failed. This also applies if the recipient has not become aware of the e-mail sent, unless these GBTC stipulate otherwise.    

14.3.

If documents are delivered in paper form by regular mail, they shall be deemed to have been delivered on the day of their receipt by the recipient or by a person authorized by the recipient. Documents shall also be deemed to have been delivered on the day when the recipient has declined to receive them, or on the day when documents are returned as undeliverable since the addressee is unknown, as well as on the third day after documents have been deposited at the post office, if the attempt to deliver them to the addressee´s last known address has failed; this also applies if the addressee has not become aware of documents being deposited at the post office.  

14.4.

These GBTC constitute an integral part of each contract that has been concluded validly. In the event of any discrepancies between these GBTC and Price list the provisions of these GBTC shall apply.  

14.5.

If any of the provisions of GBTC is invalid, this shall not affect the validity of the other provisions of GBTC. The invalid provisions shall be replaced by the provisions of the generally binding legislation of the Slovak Republic which are the closest in contents and purpose to the contents of GBTC, or of the invalid provision of GBTC.   

14.6.

Unless the contract expressly provides otherwise, the contract may only be changed on the basis of written amendments agreed and signed by both Parties (Provider and User).

14.7.

Hereby User certifies that they have read GBTC carefully, and they consider the provisions therein as clear and comprehensible. User has understood GBTC in their entirety, and they agree with them, as proof of which they have expressed their consent pursuant to Point 10.1 of these GBTC.