The General Contract Terms and Conditions for Subscribers of Net Média Zrt. (hereinafter the Publisher)
1. General Provisions
These General Contract Terms and Conditions (hereinafter GCTC) regulate subscriptions and the rules of handling of the subscriptions of online publications released by the Publisher, as well as other issues between the Publisher and the subscribers.
Company name of the Publisher: Net Média Kiadó és Internet-tartalomszolgáltató Zártkűren Működő Részvénytársaság [Net Média Publisher and Internet Content Provider Private Limited Company];
Registered office: 1033 Budapest, Polgár u. 8-10.;
Trade register number: Cg. 01-10-044439;
VAT number: 12527052-2-41
Service means the publishing of the online or any other publications of the Publisher and making them available to the Subscriber, and the provision of other services according to those set forth herein in this GCTC.
Subscriber means a person who make use of the Service according to this GCTC.
Subscription means the placement of an order by a Subscriber regarding one or more online publications published by the Publisher for a definite period of time in writing and the subsequent payment of the subscription fee, provided that it relates to an identifiable period pertaining to an identifiable publication. The Subscription shall be extended at the end of the subscription period automatically for the next subscription period of the same content with the suspension condition that the extension shall become final, when the subscription fee for the next subscription period was credited to the bank account of the Publisher (by means of a single transfer or a direct debit instruction).
Subscribed Publication means the periodical publication of the online pages registered by the Ministry of National Cultural Heritage of Hungary, by stating that other publication(s), product(s) that can be separated from the publication are not part of the publication, neither are special issues, yearbooks or printed publications that have a name similar to the name of the Subscribed Publication, except if those were included in the subscription offer.
Order means the acceptance of the Publisher's general subscription offer by the Subscriber and the Subscriber's intention aimed at concluding the contract on the basis of which the Subscriber assumes an obligation to pay the confirmed subscription fee.
3. Creation and Content of the Subscriber's Legal Relationship, and the Reporting of changes and Modifications
3.1 A valid legal subscription relationship is created between the Publisher and the Subscriber when the Subscriber accepts the Publisher's offer, meaning when the Subscriber orders the periodic publication from the Publisher in writing (hereinafter the Order), and it becomes effective, when the Subscriber pays the subscription fee for the first subscription period and it is credited to the account of the Publisher (suspension condition).
3.2 The Order can only be made in writing by filling in the subscription form of the Publisher and by submitting it by regular mail, fax or e-mail using either of the methods below:
- by phone +36 1-327-4080;
- by e-mail by writing an electronic mail to email@example.com
- by fax +36 1-327-4081;
- by regular mail sent to the address of Net Média Zrt., 1033 Budapest, Polgár u. 8-10.
3.3 The Order must be fully completed and signed, only then can it be considered a valid Order.
3.4 Based on the received Order, the client receives an electronic confirmation note. The electronic confirmation note includes the name and e-mail address of the Subscriber, as well as the title of the ordered Publication and the time period of subscription.
3.5 The Subscriber is obligated to check the data provided in the confirmation note of the Order and report any incidental errors to the Publisher using one of the contact methods detailed under Point 3.2 without delay. Should the Subscriber make a subscription a gift to someone, by placing the order, the Subscriber guarantees that he/she has received a consent from the addressee to use his/her data.
3.6 The Subscription is created at the time of placing the order, however, it only becomes effective, when the subscription fee due for the first period is credited to the Publisher's bank account in an identifiable manner.
3.7 The Publisher shall make sure that the Subscriber has access to the publication he/she subscribed to within 24 hours of paying the subscription fee.
3.8 By creating a legal relationship according to those above, the Subscriber expressly agrees to, notes and states that
- the Publisher shall manage all the name and address data required for the performance of the Subscription or this General Terms and Conditions in connection with the Order, or any other additional personal data provided by the Subscriber voluntarily from the time of the Order till the end of the Subscriber's Legal Relationship and also - in the lack of an express statement made at the time of terminating the Subscriber's Legal Relationship - for two years as of the end of the Subscriber's Legal Relationship, or till the time period prescribed by the relevant legislation to comply with the obligations of the Publisher, and for the purposes of informing the Subscriber of promotions and offers announced by the Publisher and its subsidiaries to be sent regarding the Publisher's own or its subsidiaries products and services in the form of submitting information, market research, surveys and new offers - in the lack of an express instruction from the Subscriber to the contrary;
- the Publisher forward certain personal data (name, address, e-mail address, title of Publication subscribed to, period of subscription, means of payment) of the Subscriber or that of the Addressee - if the two are not the same - for the sake of complying with the obligations set forth in this CGTC to contractors and subcontractors cooperating in the provision of the service; and to have these data recorded, processed, grouped and maintained electronically by the Publisher as a data controller or by those authorised to control data in compliance with the instructions of the Publisher.
- in the lack of an express instruction to the contrary, the Subscription shall be automatically extend at end of the subscribed period for the next subscription period of the same content (except for promotions) with the suspension condition that the extension shall only become effective, if the subscription fee for the next subscription period is paid until the date provided in the offer for extension (in case of payment made later, the Subscription shall be extended as of the month following the act of crediting the payment to the Publisher's account for the paid period);
- the Publisher shall contact him/her upon the termination of the Subscription with a new subscription offer; or
- obtained the consent of the Addressee pertaining to the personal data of the Addressee if its not the Subscriber for the process by the Publisher according to those above.
3.9 The Publisher as data controller and the data controller(s) who act according to the instructions of the Publisher shall handle and process Subscriber (Addressee) data in compliance with the provisions of Act CXII of 2011 on the right to informational self-determination and the freedom of information, and those of Act CXIX of 1995 on handling name and address data for the purposes of research and direct business acquisition. The Publisher's information on data processing is available on the following website: http://www.portfolio.hu/en/info/privacy.tdp.
3.10 The data processer used by the Publisher: Wildbit, LLC (data processing information: http://wildbit.com/privacy-policy).
3.11 If the Publisher periodically or entirely suspends the release of the subscribed publication, or if it modifies the conditions of publishing it, it must inform the Subscriber in writing.
If the Publisher stops publishing the previously subscribed publication definitively, the Subscriber shall be entitled to a refund of the subscription fee for the period that was paid but that was not performed; such claim can only be made to the Publisher.
4. Terminating the Subscriber's Legal Relationship
The Subscription is terminated:
- in case of a Subscription made for a definite period, at the end of the subscription period, if the automatic extension does not take effect;
- by terminating or ending the publishing of the subscribed publication;
- in case the Subscriber deceases, if the fact thereof is reported to the Publisher, when the last Publication is delivered;
- in case the Subscriber is terminated without a legal successor, if the fact thereof is reported to the Publisher, when the last Publication is delivered;
- by the Publisher terminating the Subscription, if, due to incomplete or inappropriate delivery data, the received subscription fee is unidentifiable, or if the delivery cannot be made.
- In case the Subscriber terminates it within 14 days of concluding the Subscription Contract on the basis of Article 20 of Government Decree 45/2014. (II. 26.).
If the legal relationship is terminated for reasons set forth in Point b) the Publisher shall be obligated to refund the Subscriber the part of the subscription fee for the period that was already paid but was not completed within 30 days. If the legal relationship is terminated on the basis of Point f), the Publisher shall make a financial settlement with the Subscriber within 15 days of the termination, in the course of which the proportional sum to be paid by the Subscriber must be calculated on the basis of the fee defined in the contract plus value added tax.
5. Subscription Fee
5.1 The subscription fee may be paid by means of bank transfer from a current account.
The Publisher shall issue the invoice using the data given for the bill payer, which shall be sent at the bill payer's request or in compliance with the rules pertaining to submitting invoices. Bill payer data may be corrected or modified before making the subscription or within 30 days from placing the order the latest.
6.1 The Publisher operates a helpdesk for keeping contact with the Subscribers or the Addressees - if the two are not the same - and to manage complaints. In order to investigate a complaint, the person submitting a complaint is obligated to provide the data required for identification as requested by the helpdesk staff.
6.2 The helpdesk referred to above can be contacted as follows:
firstname.lastname@example.org ; +36-1-327-4080
6.3 All complaints will be investigated within 15 days. The person who made the complaint will be informed of the outcome of the investigation and any remedies/compensation offers in the appropriate form.
7. Closing Provisions
- The technical steps of concluding the contract are included in Points 3.2-3.7 of this GCTC.
- The subscription contracts concluded electronically between the parties are deemed written contracts, which shall be kept by the Publisher for 10 years and shall be made available to the Subscriber at his/her request in writing (following a proper verification of his/her identity).
- The identification and correction of errors made in the course of recording date electronically is done prior to making the legal contractual statement according to those under Point 3.5.
- The subscription contract is only available in English, this GCTC is available in English and in Hungarian. Disputes related to the interpretation of this GCTC shall be governed by the Hungarian version.
7.2 All interested parties wishing to subscribe can read the text if this General Contractual Terms and Conditions at the Publisher, released on the website.
7.3 The Publisher maintains the right to modify the GCTC unilaterally. Any modification of this GCTC shall be released by the Publisher on its website at least 8 days before the modifications taking effect. The modification shall have no effect on subscriber contracts already concluded and effective.
7.4 By ordering the periodical publication, the Subscriber accepts these General Contractual Terms and Conditions.
7.5 The governing law pertaining to the subscription contract is the law of Hungary, and only the court having a jurisdiction according to the registered office of the Publisher may proceed in legal disputes. Otherwise, the stipulations of the relevant laws of Hungary in effect shall govern the legal relationship between the Publisher and the Subscriber.
1 December 2016
Net Média Zrt.