magyar változat | česká verze

General Terms and Conditions

1. The Service Provider

The operator of the Pagerider.com site:

Name:

Pagerider Ltd.

registered address:

1035 Budapest, Vihar utca 18., Hungary

tax number:

25031263-2-41

company registration number:

01-09-195734

bank account number:

FHB kereskedelmi Bank Zrt. - 18203332-06023532-40010013

represented by:

Fehér Szilamér, Chief Operating Officer

hereinafter: Service Provider

The Service Provider is a business association incorporated in Hungary. When this GTC or the Data Protection Policy uses the term ‘Service Provider’, such term will include the Service Provider’s members, representatives and employees. The User is a business operating under Hungarian law. When this GTC or the Data Protection Policy uses the term ‘User’, such term will include the Service Provider’s members, representatives and employees and also any natural person accessing the ordered application on behalf of the User.

By registering (as required for using the service), the User will be deemed to have accepted the following legal statement and its integral part, the data protection policy, and the terms of both documents.

2. Content of the service

Pagerider.com website helps its registered Users create the graphic design of, develop and store sub-pages (applications) appearing on Facebook.

3. General terms of use

3.1 The Service Provider offers the Facebook applications, application packages and unique applications listed on Pagerider.com for use.

3.2 Some of the applications available at Pagerider.com are available to Users free of charge subject to registration. The rest of the applications are only available subject to a fee.

3.3 The Service Provider will allow the use of those applications that are included in the subscription plan ordered by the User. The current prices, exact contents and functions of the applications will be published on the Website.

3.4 After registration, the free applications will be provided to the User by the Service Provider for an unfixed term but maximum until the User’s registration is cancelled.

3.5 The Service Provider will provide the applications subject to a fee for a 12-month or 6-month or 3-month period - depending on the choice of the User - from the day the fee is received by the Service Provider. When the fixed term expires, the User may request the contract to be renewed. If the Service Provider provides a unique service different from the standard subscription plans published on its site, the parties may agree on special terms applicable to this service that are different from the terms of the GTC.

3.6 The Service Provider will allow the User to upgrade the subscription plans the User uses before the expiry of the service term.

3.7 The User may terminate the contract regarding the applications available free of charge at any time by sending an e-mail to the Service Provider; the User will not be required to specify the reason of the termination. The User may only terminate a contract for a service provided against a fee for cause, that is, if the Service Provider is in serious breach of contract. The User will notify the Service Provider of the termination for cause in writing and the reason for termination will have to be specified.

3.8 E-mails may be sent by the Service Provider to the Users’ e-mail addresses registered with Facebook in connection with the operation of the service. These messages do not qualify as spam or newsletters.

3.9 The User acknowledges that its information recorded in the applications (i.e. company data, images, audio and video materials etc.) will be either stored in servers operated by the Service Provider or in storage locations rented by the Service Provider from a third party. In any case, the data will be stored in the territory of the European Union.

4. Ordering the service and using the applications

4.1 Registration

4.1.1 The User may register at the Website by clicking on the “Log in with Facebook” link on the Website. A Facebook personal profile is required for registration.

4.1.2 The User registering at the Website must have legal capacity.

4.1.3 The User will be required to read and accept the contents of the GTC and the Data Protection Policy before registration. By checking the checkboxes next to the text “I accept the General Terms and Conditions” and “Data Protection Policy” and by clicking on the “I accept” button the User acknowledges that the User has read and understood the contract and considers it valid and allows the data disclosed by the User to be handled.

4.1.4 The User may cancel the registration by clicking on the “Cancel registration” link. The personal and application data related to the registration will be deleted from the system after a brief period of transition.

4.2 Ordering a subscription plan

4.2.1 Trial package

After registration, the User will have the right to use the trial package free of charge. This right is provided only for a period of two weeks and will be cancelled automatically when the trial period expires.

4.2.2 Free subscription plan

The User will have the right to use the applications in the free subscription plan free of charge. The Service Provider reserves the right to review the contents of the free subscription plan and modify them by notifying the User in advance. In the notification, the Service Provider will specify the point in time from which the given application is only available against a fee. If the User does not make payment of the fee by the date set in the notification, the Service Provider will not make the application available to the User after that date.

4.2.3 Subscription plans available against a fee

The User may only order subscription plans subject to a fee if the User discloses invoicing data and certain other data through the Website.

4.2.4 Restricting access to the service

If the User’s right of use terminates due to the expiry of the trial period or the subscription period, because a certain application becomes available subject to a fee only, or for any other reason, a warning message will appear on the User’s Facebook page on the user interface and the Service Provider will restrict access to the service until the subscription is renewed.

4.3 Payment

The subscription plans that are available subject to a fee will only be available with all their features when the relevant fees have been paid. The Service Provider will publish the current list of fees under “Prices” on the Website.

The User may pay the fees by bank transfer or through the international PayPal service.

4.3.1 Bank transfer

The User will pay the annual fee of the ordered applications by bank transfer after the order has been made and on the basis of an electronic or paper-based preliminary invoice sent by the Service Provider. The payment will be made to the Service Provider’s bank account (FHB Bank, account number: 18203332-06023532-40010013).

4.3.2 PayPal

Payment through PayPal is made in a way that after making the order and identification in the PayPal system, the User authorises the payment in the system.

5. User content

5.1 User content is defined as all the data added to the applications by the Users, including text, posts, uploaded photos, audio materials and videos.

5.2 Only such content may be added to the applications that do not violate the privacy rights, copyright or other intellectual property of a third party. It is forbidden to publish or post any material that is racist, hateful or abuses the religion, nationality, minority status, sexual orientation, political opinion or ideology of others. It is also forbidden to publish content that clearly violates effective law or place links leading to sites with such content. It is not allowed to commit a crime, to invite another person to commit a crime, to publish content or a link that violates public morality or that may have an adverse effect on the mental, moral or physical development of minors (and in particular pornographic or violent content), to upload viruses or other malicious codes, to share content by automated means, to overload Facebook’s system or to otherwise violate Facebook’s terms of use.

5.3 The Service Provider will not screen the uploaded content and will not assume any liability for it and will not guarantee the availability and quality of the uploaded content. Pursuant to Section 7(3) of Act CVIII of 2001 (hereinafter: e-Commerce Act), the Service Provider will not be required to check and edit the uploaded materials, that is, the intermediary provider will not be obliged to identify facts and circumstances that refer to illegal activities and to check in advance or monitor the content uploaded by the Users.

5.4 The Service Provider reserves the right to remove the content immediately, suspend access or suspend the service for the User creating the content under Section 10 of the e-Commerce Act if any content violates the prohibition specified in Section 5.2 above or if it notices any illegal conduct by the User. If the service is suspended under this section, the User will not have the right to claim any fee refund or compensation.

5.5 The User will be fully responsible for ensuring that the materials and content published in the applications are properly licensed. The owners and partners of Pagerider Ltd. will not be responsible for the authenticity, content, completeness, legality, reliability, functionality and availability of the information and materials uploaded by the Users. The User will indemnify the Service Provider against all claims made by third parties or authorities against the Service Provider with regard to any information published by the User.

6. Copyright

6.1 The User will not become the owner of any software by using the applications of Pagerider.com. Instead, the User will only be granted a limited right to use the relevant software under Section 43 (1) of Act LXXVI of 1999 on Copyright. If the GTC is violated or the contract is terminated for any reason, the licence to use the software will be cancelled automatically. The Service Provider and its partners reserve and retain all other rights. The User will only be authorised to use the application software as described and authorised in this contract.

6.2 The User will not have the right to reverse engineer the software, will not have the right to make more copies than allowed by this contract, will not have the right to publish the application server to allow other to make a copy, will not be authorised to use the software code for the User’s own purposes or for developing software for a third party and will not have the right to adapt, rent out, lease or otherwise allow the software to be used for commercial purposes in any way.

6.3 The Service Provider reserves the right to suspend the service if it detects that the User’s actions violate the prohibition specified in Section 6.2 above.

7. Suspension, restriction and cancellation of the service

This document also qualifies as a document describing the General Terms of Contract; any failure by the User to comply with the obligations specified in this document may result in a suspension of the service with immediate effect. The Service Provider will notify the User of the suspension and the reason of the suspension without delay and will require the User to take the measures necessary for remedying the breach. If the User fails to take these measures within a reasonable period following the delivery of the Service Provider’s request, the Service Provider will be entitled to cancel the User’s registration.

8. Liability and Force Majeure

8.1 The User agrees to use the applications used within Pagerider Ltd.’s services at its own risk and acknowledges that Pagerider Ltd.’s liability will be limited to the fee paid by the User for any pecuniary and non-pecuniary damage actually arising during use (this restriction will not apply to damage caused intentionally, by gross negligence or by crime and damage to life, physical injury and damage to health).

8.2 Pagerider.com applications operate within the framework of and are integrated with Facebook. The Service Provider will exercise the utmost care in connection with and pay close attention to Facebook’s technical changes. Nevertheless, it will not be responsible for any temporary downtime of its service caused by unannounced changes in Facebook or changes introduced without sufficient time for preparation.

8.3 The Service Provider will not be responsible for the performance of its obligations under the contract if a circumstance arises that was not foreseeable or did not exist at the time the contract was made and that prevents the Service Provider from fulfilling its obligations or makes the service unavailable. The Service Provider will be required to notify the User in writing within 2 business days from the day it learns of such a circumstance. If the duration of this circumstance exceeds 30 days, the User will be entitled to terminate the contract with immediate effect.

9. Amendment of the General Terms and Conditions

The Service Provider reserves the right to modify the General Terms and Conditions unilaterally but will be required to notify the Users in advance. If the User continues using the service after the effective date of the modification, the User will be deemed to have accepted the changes in the General Terms and Conditions by implied conduct.

10. Closing provisions

In issues not regulated by this GTC, the operation of the Service Provider will be governed by Act CVIII of 2001 on Certain Issues of Electronic Commerce Activities and Information Society Services, Act LXXVI of 1999 on Copyright, the Criminal Code, the Civil Code and Act CXII of 2011 on Informational Self-determination and Freedom of Information.

If a term of this GTC is found invalid, it will not affect the validity of the remaining provision.