I. The service provider
- www.feedbackdog.com online survey-making and evaluating service is operated by Karádi System House Ltd
- Full name of provider: Karadi System House IT Limited Liability Company (Karádi Rendszerház Informatikai Korlátolt Felelősségű Társaság)
- Headquarters of the provider: Epreskert u. 4-6/1, H-4400 Nyíregyháza, Hungary
- Premises of the company:
– Montevideo u. 4. 1037 Budapest, Hungary
– Petőfi u. 1. 3899 Kéked, Hungary
- Electronic mailing address of the provider: email@example.com
- Phone: +36 42 508 740
- Registration of the provider: Szabolcs-Szatmár-Bereg County Court as Registry Court, Reg. no. 15-09-064405
- VAT number of provider: HU 11496573-2-15
- Bank accounts number: 1091 8001 0000 0004 1281 0015
- IBAN: HU 25 1091 8001 0000 0004 1281 0015
- SWIFT: BACXHUHB
- In respect of all data used for the service the Provider uses MICROSOFT IRELAND OPERATIONS LTD as hosting provider; is in legal relationship with this company and all service data is stored on the devices of the hosting provider.
- Data of the hosting provider as detailed in Item 8: MICROSOFT IRELAND OPERATIONS LTD, Carmanhall Rd, Sandyford Industrial Estate, Dublin 18, Co. Dublin, Ireland, Phone: +353 1850 940 940
II. Recipients of services
Services offered by www.feedbackdog.com portal operated by Karádi System House Ltd. are available for those natural and legal persons and other entities without legal personality who meet the following criteria made upon their registration statement and successfully register on www.feedbackdog.com portal. They are hereinafter and collectively referred to as Users.
By registering, User confirms if they wish to use a charged service as long as they meet the following criteria:
- According to their own personal law they reached the age required to reach the full capacity to act but they are at least 18 years of age and to conclude and fulfill this agreement their capacity is not limited.
- User has not reached the age stated in the previous paragraph but is at least 14 years of age and according to their own personal law is not incapacitated and has a sufficient amount of collateral property under law from which he is free to dispose and which covers the fee for the contracted amount, or
- he is an officer entitled to full representation of the entity with or without a legal personality and
- registers with real data only on behalf of their own name or that of the entity represented by them.
By registering, the user expressly agrees to all contractual provision of these Terms and Conditions, has undertaken to be bound to recognize and acknowledge that registration means a contract between the user and the Provider. The resulting contract is a subscription agreement lasting for an indefinite period of time. Should the User/Partner wish to terminate the contract at a future point of time they can do so by sending an official notice 15 days before the last day of the chosen payment frequency (one month or one year). The notice can be sent to the provider via the ‘Contact’ menu item found on the Home page of the website. The notice period should be considered as valid if User sent it to the Provider before the deadline, regardless the date when it became known for the Provider.
The contract is governed by Hungarian law and thus for the interpretation of the relevant contract terms we hereby state the following:
Consumer: a natural person acting outside the scope of their profession, job or business activity.
Business: a person acting within the scope of their profession, job or business activity.
The contract is to be concluded in English language.
Data entry errors can be amended during the registration procedure (before contracting) by simply overwriting the data considering that it is necessary to record the user email address and a user password. Following the registration all data can be overwritten after logging in the user/partner account with the exception of the email address.
III. SUBJECT AND METHODS OF USER AGREEMENT
- A www.feedbackdog.com website offers special services for its users. After creating the user account User becomes entitled to edit and create surveys, gather certain data and information as defined by the user surface. User can use these services free of charge or by paying the actually valid charges as detailed below. After the registration Provider automatically generates a QR code for the User which makes the application available for use. Detailed information on the typical ways of using the service are available on the homepage of the website in the ‘Video’ information and under the ‘How it works’ menu item.
- After the registration user becomes entitled to use all surveys on www.feedbackdog.com which are offered by the Provider and can be edited by the User. Services are offered free of charge for the User.
- The accurate registration process and its technical steps are the following: Registration is available by opening the ‘Sign up’ menu item in the letterhead of the website. This is available for the user by using their social media accounts offered by the website or by creating a new account. For this purpose User can register by setting an email address and a password.
- Provider sends an email notification about the successful registration and the contract along which User automatically becomes entitled to use the free of charge services of the application.
- After registration user can become a Partner by applying their own business or private logo on the survey sheets as described in the process directly available from the website; this can either be done in their own name as a natural person or – if user is entitled to do so and can act as representative – in the name of any entities with or without legal personality. For Partners the service is available for a fixed charge which can be settled by the User/Partner by any of the methods detailed by the portal site. License fees are displayed and marked on the website in a clear and easy to understand way. Fees include some taxes and related charges. Following the first user period (a month or a year) which was covered by the subscription fee Provider debits User’s bank account – which was provided at the time of the first payment – with the subscription fee to cover the following period (a month or a year) without any further notice; User agreed with these terms when they contracted with the Provider. Further debit of the account does not happen if User legally terminates the subscription agreement as detailed in Paragraph II. If debiting the account is not successful the contract is terminated without further notice and the Provider modifies the user account in such a way that the logo and the letterhead of the User is deleted from the user interface. Further content of the user account however, remains fully accessible and useable for the User.
- Provider – except for those users who are considered consumers and live within the territory of the European Union (see different rules for consumers) – will not refund the license fee partially or fully even if the services are not fully used by the User/Partner.
- Provider is entitled to change the fees and charges in the future or for future contracts without any further notice.
IV. GENERAL TERMS AND CONDITIONS OF USE:
- A registration or a login can only be used by the person who officially registered on the website.
- User/Partner can enter the user surface of www.feedbackdog.com website only by using the valid password or by using the new password which is changed after login into the account; the user is solely responsible for the security of the password and thus for the user account. Should this security provision be breached by the User, Provider cannot be held liable for any damage or loss arising from this reason.
- Unlawful use of the service is forbidden in any form. If the Provider detects the suspicion of such use or recognizes any unlawful use of service, or if any authority or court notify Provider about it the Provider is entitled to immediately suspend the operation of the account.
- Provider does not monitor, block or edit any questionnaires or other forms of communication created by the users or their partners during the use of the service thus exclusively the user can be held responsible for the content and the consequences of such communication.
- User expressly agrees that Provider handles and processes all User data received during the registration process and the use of application to bind and execute the contract only. The contract realized between the User/Partner and the Provider is not considered a written contract. Provider does not file the contract so subsequently it is not accessible and cannot be viewed.
- Provider is not subject to any individually marked ethical code of conduct.
- User is entitled to delete the user account at any point of time which is possible through the navigation interface. Cancellation of the account is not considered contractual by sending an email or a regular postal mail to the Provider or by initiating a telephone call to the Provider.
- If User deletes the user account their personal data along with all other data created during the use of the application is deleted immediately, in real time and in an unrecoverable way.
- Provider reserves the right to unilaterally change actual contractual conditions; these changes however are only effective for contracts that were concluded after the amendment.
- In order to judge any demand and/or disputes initiated by any parties about the use of the application, provisions of the Hungarian Law apply and only Hungary has jurisdiction in any disputes.
- All information – should that either be legal or technical – required by law or that is relevant about the use or availability of the service and of which present General Terms and Conditions do not provide information about can be found on the Website in forms of notifications and guides. All information recorded and displayed that way form part of the General Terms and Conditions and should be interpreted along with these.
- Contracting by registration is considered a contract concluded by electronic means, for which the regulations of Act CVIII of 2001 apply on Act V of 2003 Civil Code of Hungary about the ‘Electronic commerce services and certain questions related to information society’. As long as the user of the service is considered a consumer too, the contract also falls within the scope of Government Regulation 45/2014 (II.26.) on ‘Detailed rules of contracts between consumers and businesses’.
V. DIFFERENT RULES FOR CONSUMERS
- Provider informs Users that they do not operate a call center.
- Provider does not charge any extra fee for Users regardless the available payment method they choose and regardless the fees Provider is entitled to pay for such services.
- Provider states that beyond the subscription fee stated on the website User is not subject to pay any other fees, charges or taxes.
- Consumer is entitled to submit their claim in relation with the use of the service by using the ‘Contact’ menu item on the homepage of the website. The arrival and the registration of the claim are immediately confirmed similarly to the registration process. We immediately start to investigate the claim and will send the result with our statement to the registered email address within 15 days. The information deadline should be considered complete if the information is sent on time by the Provider regardless when the information became known for the User. We notify our Users that our statement is sent to the registered email address at all times. Provider takes no responsibility for changing or deleting the delivery address. If we consider your claim causeless it is explained in full detail. If the dispute is not settled during the complaint handling procedure then the User is entitled to turn to one of the following bodies to vindicate their right:
– you can submit a complaint to the consumer protection authority,
– you can initiate a procedure at the arbitration board, which
acts as the online mediator in settling consumer disputes online and the arbitration board that operates next to the metropolitan chamber of commerce and industry that operates upon the 2006/2004 EC Regulation and upon the modification of the 2009/22/EC directives by the European Parliament and Council regulation 524/2013/EU dated May 31, 2013.
Name, location, address and other details of the competent arbitration board, established by the Service Provider:
Arbitration Board next to the Szabolcs-Szatmár-Bereg County Chamber of Commerce
4400 Nyíregyháza, Széchenyi utca 2.
- Provider satisfies its information liability on defects and warranty upon the Government Regulation 45/2014 (II.26.) on the details of contracting between Consumers and Businesses as stated in Attachment of current General Terms and Conditions.
- Consumer is entitled to withdraw and terminate the contract within 14 days after the contracting date without assigning any reason which can be exercised in writing by email, postal mail or fax message. Provider returns the full amount including all extra money transfer charges paid by the Consumer within 14 days after the arrival of the termination notice. The amount is returned by the same payment method as it was completed originally by the Consumer. Following the receipt of the withdrawal or termination notice Provider deletes User account immediately and in an unrecoverable way; if the termination arrived via the website then the deletion is confirmed in email without any delay.
Sample information on Liability for defects
Liability for defects
In what cases can you vindicate your rights on Liability for defects?
In case of defective performance you are entitled to vindicate your rights on Liability for defects against the Provider as prescribed by the Civil Code of Hungary.
What are your rights when you claim for Liability for defects?
You are entitled to claim your rights on Liability for defects as per the following:
You can claim for a repair or a replacement except if any these claims are impossible to satisfy or if it caused undue cost or effort for the Provider compared to other methods of compensation. If you did not or could not ask for repair or replacement then you can require a proportional price discount or – as a last recourse – you can withdraw from the contract.
You can also decide to transfer from one method to the other when you vindicate your rights on Liability for defects but you must pay for the charges of the transfer unless it was justifiable or the Provider had a reason to do so.
In what period can you exercise your rights on Liability for defects?
You are entitled to communicate the defect immediately after discovering it but not later than within two months after discovering the defect. Please note however, that two years after the performance of the contract – which is the limitation period – you cannot exercise your rights on Liability for defects any longer.
Against whom can you exercise your rights on Liability for defects?
You can exercise your rights on Liability for defects against the Provider.
What other conditions are there to you exercise your rights on Liability for defects?
Within six month after the performance of the contract there is no other condition to exercise your rights on Liability for defects as long as you prove that the service was provided by the Provider. However, beyond six month after the performance of the contract you must prove that the defect already existed at the time of the performance.