General Terms and Conditions
These General Terms and Conditions - hereinafter: GTC - contain the detailed rules of the legal relationship between L-IT Group Ltd. - hereinafter: Service Provider or Party -, as the organization providing use of the software - hereinafter: Software -, and the user of the Software - hereinafter: Customer or Party, together the Parties. The GTC in force is continuously available to Customers via the Software's website.
1. DETAILS OF THE SERVICE PROVIDER
Name: L-IT Group Ltd.
Registered office: 2112 Veresegyház, Kökény u. 12-14. HUNGARY
Tax number: 11712152-2-13
Company registration number: 13-09-203477
Account-holding financial institution: Wise Europe SA
Bank account number: 12600016-13940397-01667660
2. DEFINITION OF TERMS USED IN THE GTC
Website: the website providing web-based access to the Software and displaying other information related to the Software: https://fidsys.com/hu
Software: the FID (Field Services Digitalization) IT program system accessible from the Website and from the application stores indicated therein, which enables the digital documentation of any activity, as well as the organization and tracking of activities.
Service Provider: the business organization that develops and sells the Software, and that operates the Software, provides access to it, and provides user support.
Service: providing use of the Software and providing software user support.
Customer: a legal person holding a valid individual service agreement for the use of the Software.
Agreement: the individual Service Agreement concluded between the Customer and the Service Provider for the use of the Service.
3. GENERAL PROVISIONS
The provisions of the GTC extend to every legal relationship directed at the use and utilization of the Software and the related services by the Customer.
The Service Provider reserves the right to modify, improve, or supplement the operation, content, and functions of the Software and the Service at any time without prior notice. The Service Provider shall notify the affected Customer by e-mail at least 30 days in advance of the withdrawal or discontinuation of the Software or the Service. The Service Provider further reserves the right to make available functions and service packages related to the Software that may be used against payment of a fee.
4. CHARACTERISTICS OF USING THE SERVICE
Access to the Software's user interfaces is provided by a web-based software service requiring an internet connection - SaaS (Software as a Service) (a so-called web client) - and by applications that also function without an internet connection on mobile devices (iOS- and Android-based smartphones and tablets) (so-called mobile clients).
Login to the Software via the web client is through the website https://fidsys.com/fid/hu, and on mobile clients by launching the FID application, by entering a valid username and password.
Further conditions for using the Service:
for the web client:
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broadband internet connection;
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the current and one prior (major) version of the Google Chrome, Firefox, Safari, and Microsoft Edge internet browsers;
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a computer capable of running the internet browser(s) listed in the previous point;
for the mobile client:
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the current and one prior (major) version of the iOS and Android mobile operating systems;
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a mobile phone or tablet capable of running the operating systems listed in the previous point.
It falls within the Customer's sphere of responsibility to provide all machines, equipment, software, and communication tools that are not maintained by the Service Provider and that are necessary for using the Service.
The Service Provider is entitled to unilaterally amend the provisions relating to hardware and software requirements, considering the possibilities afforded by technical development.
The user and functional description of the Software - the current user manuals relating to the given user role - can be accessed from the appropriate menu items of the web client's and mobile client's user interfaces.
The Service Provider ensures a 0–24-hour service level for the Software with 99% annual availability. The Service Provider carries out planned maintenance and other - occasional, unplanned - troubleshooting during the remaining time.
The Customer manages the access rights of Software users linked to the Customer's subscription through the user designated for this purpose with multi-admin rights. The Customer has the option - within the framework set out in the Agreement - to add or delete users, or to modify the data of existing users.
5. USE OF THE SERVICE AND BILLING
The Customer may use the Service by concluding an individual Service Agreement.
Where an invoice issued under the individual Service Agreement is settled by bank transfer, all of the Customer's payment obligations toward the Service Provider are deemed fulfilled at the time the given amount is credited in full to the Service Provider's bank account.
The Software subscription fee is calculated based on access authorization - i.e., availability/entitlement - regardless of actual logins during the given period.
The Service Provider reserves the right, in the event of late payment, to restrict (suspend) the Service in part or in full upon expiry of the invoice's payment deadline. Software subscription fees remain payable for the period of suspension due to payment delay (during the suspension period, the Service Provider continues to ensure storage of the user's data in the Software, including security backups).
6. TERMS OF USE
Certain parts of the Software and Website may be saved or printed by and for the Customer solely for individual (own) use. This entitlement does not, however, constitute consent (permission) for the commercial reproduction, distribution, making available (for download), storage in a database, or any adaptation of the downloaded materials. Images found in the Software and on the Website may only be used by third parties with express permission.
The Customer declares that it:
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uses the Software only in the manner and for the purposes specified in the GTC and the Agreement;
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is not entitled to reverse the Software, analyze or decompile its internal structure, or otherwise render it in a form readable by humans;
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is not entitled to delete or modify trademarks, notices, or comments that appear on screen or on printed materials during use of the Software or the Service;
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does not provide access to the Software, whether free of charge or for consideration, to any persons other than the users registered in the Software;
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does not attempt to access the programs or data comprising the Software beyond the Software's operational use;
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will not copy, reproduce, publish, upload to any location, or hand over the Software to a third party;
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does not use any tool or software to disrupt or attempt to disrupt or modify the operation of the Software;
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does not attempt to access the Service by bypassing the interfaces provided by the Service Provider;
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is not entitled to modify the screen or HTML page displayed by the Software.
7. LIABILITY
The Service Provider bears no liability or responsibility whatsoever toward other Customers or third parties for the Customer's conduct.
The Service Provider assumes no liability for damage - caused primarily but not exclusively by computer viruses - arising in the Customer's IT equipment or other property in connection with logging into the Software, using the Software, or opening e-mails sent. The Service Provider likewise assumes no liability for the unavailability or slow operation of the Software caused by a fault of the internet service provider.
The Service Provider's liability is excluded for any conduct (in particular damage) arising from improper, unlawful use of the Software or the Service, or use contrary to the provisions of the GTC.
The Service Provider assumes no liability for any financial benefit the Customer hoped to gain from using the Service falling short of expectations, for lost profit, or for loss.
It is not the Service Provider's obligation or responsibility to detect and correct Customers' erroneous data entry, nor to troubleshoot and correct resulting errors.
The Service Provider excludes liability for indirect damages and costs.
8. DATA PROCESSING
The data processing rules relating to use of the Service are contained in the Privacy Notice available on the Website.
The cookie processing rules relating to the operation of the Website are contained in the Cookie Policy available on the Website.
9. CONFIDENTIALITY
The Customer consents that, insofar as unavoidably necessary for maintaining the services provided by the Service Provider or for resolving faults, the Service Provider may gain insight into the data and information recorded or provided by the Customer. The Service Provider does not retain or pass on data communicated unintentionally.
All confidential business information, trade secrets, or data that one Party receives from the other Party during performance of the Agreement, or that the Parties or anyone on their behalf communicated in connection with the Agreement or its contents, or that the Parties obtained during performance of the Agreement, must be treated as confidential for as long as they do not become public. However, neither Party may prevent the other Party from disclosing information required by any administrative or judicial proceeding or by statutory provision.
The Party that unlawfully discloses information is obliged to compensate the other Party for proven direct damage arising from breach of the confidentiality obligations. This obligation binds the Parties for a further three (3) years following termination of the Agreement.
10. COMPLAINT HANDLING, ENFORCEMENT OF RIGHTS
The Customer may address any complaints to the Service Provider at the following contact: support@fidsys.com, or via the relevant menu item in the Software: Settings/Feedback
The Customer accepts that the Service Provider's customer service is available exclusively to Customers who have no outstanding invoices, or, where access has been suspended due to a prior outstanding invoice, only after the suspension has been lifted. The Service Provider's customer service may refuse to serve other persons. The Service Provider's customer service is available on business days between 9:00 a.m. and 5:00 p.m.
The Service Provider and the Customer must make every effort to settle through direct negotiations any disagreement or dispute arising between them under the Agreement. The Parties are mutually obliged to inform each other without delay of any circumstance arising after conclusion of the Agreement that hinders performance of the Agreement, upon becoming aware of such circumstance.
If the Parties are unable to resolve their legal dispute arising under or in connection with the Agreement within 30 days of the commencement of direct negotiations, the Parties stipulate the exclusive jurisdiction of the Buda Central District Court (Budai Központi Kerületi Bíróság).
GTC currently in force: as of 1 July 2023.