Terms and conditions - Evosolve Ltd Trading as Business-Hungary

Introduction

We are happy you have visited our website. Please read these General Terms and Conditions (hereinafter: “GTC” or “Terms”) carefully, as these Terms and Conditions govern the terms of our services to you. This Terms and Conditions is also a substantial component of the contract which is concluded if you order one of our services through our website. Also this General Terms and Conditions contains useful and important information about the service provider, our services, payment conditions, your rights and obligations, complaint management, etd.

The service provider of the website https://business-hungary.com/ (hereinafter: “website“) is Evosolve Ltd. Evosolve Ltd. provides various legal, consulting, and administrative services to its clients (hereinafter: “Evosolve Ltd.” or “service provider“). Its main profile includes company law, corporate law, residency and immigration services. In order to maximize its service, Evosolve Ltd. fulfills its client requests in cooperation with various partners.

General information on the service provider, Evosolve Ltd.:

Company Name: Evosolve Ltd. 

Headquarters: 6722 Szeged, Kálvária sugárút 19.

Business Registration Number: 06-09-024422 

Registrar Court: Court of Szeged Court of Registration

Tax number: 26344465-2-06

Bank account number: 10401268-50526884-54741003 K&H Bank Zrt.

Website address: www.business-hungary.com

Chamber membership: Hungarian Chamber of Commerce and Industry

Customer Service:

Customer Service Email: business@business-hungary.com 

Customer Service Phone: +36 70 213 2692

Webhosting: 

Hosting provider name: Hetzner Online GmbH

Address of hosting provider:

Industriestr. 25, 91710 Gunzenhausen, Germany

Web Hosting Provider Web Address: https://www.hetzner.com

Phone: +49 (0)9831 505-0

Fax: +49 (0)9831 505-3

E-mail: info@hetzner.com

Legal notices

The present Terms determine the terms and conditions of the services you order from the service provider and the rights and obligations arising between the Parties, as defined by the service provider and your (hereinafter: “you” or “Client”, the Client and the service provider together hereinafter: “Parties”);

By accepting this Terms, in compliance with 45/2014. (II.26. Government Decree (hereinafter: “Government Decree”) you agree to accept the information obligation stipulated by the Government Decree not in paper form, but in other storable form, which is .pdf format. 

According to Act V of 2013 on the Civil Code, customer means a customer who is a natural person acting outside the scope of his or her profession, self-employment or business activity (hereinafter: “Consumers“). Provisions applicable for Consumers are indicated separately in these Terms. However, generally all of the services provided by the service provider are business services. Therefore the Client is not to be deemed a Consumer under these Terms and through providing services for the Client.

The language of these Terms and the contract between the Parties is English. The contract between the Parties shall be considered a contract concluded in an electronic format. The parts of the contract between the Parties are these Terms and the accepted Client order approved by the service provider.

The contract between the Service Provider and the Client is concluded for an indefinite term or a definite term, depending on the service and package the client ordered. 

Service Provider reserves the right to make any changes or improvements to the Website at any time without notice. The Service Provider also reserves the right to transfer the website under another domain name.

Services provided by the service provider

There are several types of services offered through the Website by the service provider. Some of the services are provided by the service provider on it’s own (hereinafter: “core services”). Other services are provided by the partners of the service provider (“affiliated services”). And some services or services of other companies are just recommended by the service provider, but are provided by other companies (hereinafter: “recommended services”).

Core services are provided by the service provider. Therefore core services are contracted and invoiced by the service provider to you. Core services are amongst others: virtual assistant services. Affiliated services are sometimes contracted and invoiced by the service provider to you, or by the partner company of the service provider. Affiliated services are amongst others: business registration and seat service. Recommended services are simply recommended by the service provider. Accordingly recommended services are contracted and invoiced by a third party company to you, which company is recommended by the service provider. Recommended services are amongst others: accounting and bookkeeping. 

Concluding a contract with the service provider and parts of the contract

A service contract is concluded between you and the service provider or a partner, or recommended company according the process described in this section. The conclusion of the contract between you and the service provider is communicated through emails between you and the service provider, and not through the Website.

The prices for services or packages of services indicated on the Website are non binding prices, they are only indications. The final price for your recommended services will be tailored for your specific needs. The contracting process will follow as described below.

After you have chosen one of our services or packages, you will be contacted by our colleague with further questions to specify your needs. However at this point a contract has not been concluded between you and us yet. But most of the time you will be requested to pay the fee indicated for our services or packages to the service provider. Such payment is considered a deposit amount from you. 

After your needs have been clarified, and we have obtained the necessary information to provide you with our services, and you receive an acceptance email from the service provider, than a contract has been concluded between you and the service provider for your requested services and for the fee primarily indicated on the Website. 

If your needs have been clarified, and we have obtained the necessary information to provide you with our services, and you receive an offer from the service provider, which is different from your initial request, than your acceptance of this offer will conclude the contract between you and the service provider. 

After a general contract has been concluded between you and the service provider, you might be requested to conclude to conclude a sub-contract with a partner company of the service provider, or a third party contract with a third party company. However the content, services, provider, fees, payment and invoicing will always be clarified and communicated to you prior to the conclusion of a contract.

Please note that the provisions of this Terms will always constitute a part of the contract between you and the service provider, regardless of the conclusion of the contract. If some services are not solely provided by the service provider, your contract with a partner company of a third party company might also include a general terms and conditions applied by the partner company of a third party company. For further clarification, please contact the partner or third party company.

If not otherwise specified by the service provider, an offer to you by the service provider will be valid for 7 days after the offer has been emailed or communicated to you. 

Disclaimer

Please read this section carefully because the services offered by the service provider might be particular and/or certain disclaimers might apply.

Employment agency services

Service provider may assist you in finding employment in the European Union. If you request the employment agency services of the service provider then you request the service provider to actively search for employment opportunities for you in the European Union. 

To apply for the employment agency services of the service provider you need to accept these terms and conditions, fill out an application form, sign and send a power of attorney to the service provider and pay the upfront service fee of the employment agency services. If you have fulfilled these prior obligations, then the service provider will actively look for employment opportunities for you in the European Union for a period of thirty (30) days.  However the service provider cannot guarantee that it will find a suitable employment opportunity for the applicant. Therefore the upfront service fee of the employment agency services is non-refundable. 

If the service provider finds employment opportunity(es) for you, then the service provider will notify you about these opportunities. The service provider will inform you about the type of work, the location of the work, your salary, and further conditions of the work, if those are also provided (such as accommodation, benefits, and other compensations).  However the service provider is not obligated to provide the name and contact data of the potential employer to the applicant.

If the applicant accepts the employment opportunity, then the complete and remaining part of the service fee is payable to the service provider. After the service provider has received the full payment of the service fee, the service provider will transfer the name and contact data of the employer. 

The full service fees is also payable, if if the applicant doesn’t accept the employment opportunity forwarded to the service provider to the applicant, but the applicant concludes any type of employment or work relationship with the employer directly. Also the service provider is not liable, if the potential employer doesn’t conclude an employment of work relationship with the applicant. The service provider is not obligated to assist in the accommodation, transportation, taxation, employment permission, staying permission and visa, health and work insurance, benefits and any other such aspects of the employment of the applicant unless expressly agreed to in writing. 

Successful completion is also achieved by the service provider, if the applicant establishes an employment relationship or other employment relationship with the employer found by the service provider, or with a business organization, legal entity, non-legal entity, natural person, other hiring company with a long-standing business relationship or ownership interest in the potential employer. The private placement assignment between the persons referred to in this section and the mediated person (candidate) shall be deemed to have been executed on the day of commencement of employment, irrespective of whether the parties have entered into a legal or written employment relationship. An employer, or potential employer is any business organization, legal entity, non-legal entity, natural person, other hiring company who’s contact data has been forwarded to the applicant by the service provider.

Company establishment

Please note that if you choose to establish a company in Hungary, it is your responsibility and obligation to comply with the Hungarian regulations of operating a company, such as taxation, accounting, reporting and providing information to certain authorities.

If you decide to relinquish your Hungarian company, please note that there is a formal process for terminating a company in Hungary. The company termination process takes a minimum of 6-8 months and usually the assistance of an accountant and a lawyer is also required for the successful completion of the company termination process. Accordingly certain official fees and services fees (of the accountant and the lawyer) will apply. Please not that the prices indicated on the Website, or the emails and the contract of the service provider doesn’t include the company termination process as a service and the fees thereof. However the service provider might provide assistance in the company termination process, which service is subject to another service contract between you and the service provider.

Warning: If your Hungarian company doesn’t comply with the Hungarian regulations, especially taxation and reporting regulations towards the Hungarian Tax Authority, or you abandon your Hungarian company, your Hungarian company and also yourself might be subject to certain administrative fines, you might be prohibited for up to several years from owning, representative or being involved with a Hungarian company, and your company might be subject to a forceful termination by the competent authorities. The liability of the service provider for all the above fines, actions and consequences is explicitly excluded. 

Company gate (Ügyfélkapu)

Please note that if you have established a company in Hungary, than it is obligatory to also establish a so called “company gate” (in Hungarian: Ügyfélkapu) for your company. This is the only way you can communicate with certain Hungarian authorities, including the Tax Authority. Therefore you must establish a company gate for your company. The establishment of the company gate requires your personal appearance, and no power of attorney is accepted. Therefore the service provider cannot establish the company gate for your. Therefore it is your sole liability to establish a company gate for your company. And the liability of the service provider for establishing a company gate for your company is excluded. However the service provider might assist you during the process of establishing a company gate for your company.

Bank account for your company

Opening a bank account for your Hungarian company is mandatory in Hungary. However each bank has the discretion and power to reject your request to open a bank account for your Hungarian company. Opening a bank account for your company requires your personal appearance, and no power of attorney is accepted. Accordingly the responsibility for opening a bank account for your Hungarian company is yours, and the liability of the service provider for not opening a bank account for your Hungarian company and the consequences thereof are explicitly excluded. 

Immigration services

The service provider assistance for immigration services, such as residency permit, staying permit, family reunification, etc. for Hungary. However such processes are subject to the discretion of the Hungarian Republic, which means that the Hungarian State might approve or reject your immigration request without any clear reasoning or grounds. Such processes are based on the sovereignty of a state. Also immigration processes require your personal appearance in Hungary or at a representative office of Hungary abroad (such as a Hungarian embassy or consulate), and no power of attorney is accepted. Accordingly the responsibility for your immigration request is yours, and the liability of the service provider for the rejection of your immigration request and the consequences thereof are explicitly excluded. 

Accurate data

It is the Client’s primary interest and obligation to provide accurate data and information if the client request the services of the service provider. Therefore the Client is obligated and liable for providing accurate data and information to the service provider. Accordingly the liability of the service provider is explicitly excluded for damages or any other negative circumstances deriving from false or inaccurate data or information provided by the Client. 

If you are providing the data of a third party to the service provider, than you are liable for the accuracy of those data provided about the third party to the service provider.

You may find useful information about the management and processing of your personal data in our Privacy Policy.

Pricing and Fees

If not otherwise agreed by the Parties, the prices on the Website are applicable concerning the services of the service provider. However the service provider reserves the right to modify the prices of it’s services before the contract with the Client is concluded. 

Please note, that the prices and fees applied by the service provider for the services might not include certain taxes, which are generally applied to the Client. Also procedural fees, stamp duties and other government charges are not included in the service fees of the service provider. Therefore please request clarification from the service provider what type of charges and fees further apply to the services requested by you.

However prior to entering into a service contract with the service provider, all service fees and other costs will be communicated to you.

Generally all services fees need to be paid upfront to the service provider, prior to the conclusion of the contract between the Parties. However the service fees will only be invoiced after the contract has been concluded by the Parties or the service provider has fulfilled the requested services.

Payment to the service provider may be made in the manner offered on the Website and via bank transfer or electronic online payment methods provided by the service provider.

Modification of a service request by the Client

If you have requested a service from the service provider, but you made a mistake, please contact the service provider whether the fulfillment of the service has already commenced. Usually if the fulfillment of the services has not commenced yet, your order can be modified, if you made a mistake. However if the fulfillment of the services have already commenced than no modification is possible. Therefore please review your order before finalizing your service contract with the service provider. Thank you for your kind understanding.

Modification and termination of the contract

The Service Provider reserves the right to amend these Terms or its annexes according to Act V. of 2013 on the Civil Code Section 6:191. § (4). The initial term of the general terms and conditions is indicated by the date at the top of the page. It is recommended that the Service Provider’s Website be visited regularly in order to be informed about the content of these Terms. 

The Service Provider shall notify the Client of the modification of these Terms within 15 days prior to the modification to the e-mail address given by the Client. The Client shall notify the Service Provider within 15 days if it does not intend to accept the amended Terms. If the Client does not notify the Service Provider within 15 days, the Client accepts the amended Terms. These Terms can only be amended with good reason, which may mean a significant change in the operation of the Service Provider, a change in legislation, an official decision, actions, new services, etc. If the Client does not accept the amendment to the Terms, the Service Provider may terminate the contractual relationship between the Parties with immediate effect.

The Parties may amend or terminate their legal relationship in writing by mutual consent.

In the event of a serious breach of contract, the Parties may terminate their legal relationship with immediate effect. Serious breach of contract, including (non-taxable listing)

  • the Client does not fulfill its payment or other payment obligations within the deadline;
  • the Client is in breach of an essential obligation or prohibition in these Terms or the contract;
  • one Party of the service contract of the Parties fails to comply with any other obligation of the other Party within the time limit and shall not remedy this failure within 15 days of receipt of the other party’s written request;
  • if the Service Provider is liquidated.

If the cooperation between the Parties ceases for any reason, the Parties shall mutually settle each other’s claims deriving from the termination of their relationship and contract.

Regardless of the termination of the contract between the Parties, these Terms shall be subject to confidentiality, data management, intellectual property and brand protection, and the provisions on name use and good repute remain unchanged (survival clauses).

Right of Withdrawal/Cancellation of the Customers 

Please note that the cancellation right described in this section is only applicable to Clients who could be deemed Customers, which means that they have ordered the services of the service provider for no business interests.

How and when to exercise the right of withdrawal?

The Consumer may exercise his right of withdrawal in the case of a contract for the provision of services within 14 days from the date of conclusion of the contract.

If you wish to exercise your right of cancellation, you must provide a clear statement of your intention to withdraw to the service providers email address. For this purpose, you may also use the model statement below. 

“Sample Cancellation / Cancellation Statement

(Please complete and return to the Service Provider if you intend to withdraw or terminate the contract.)

Addressee:

I, the undersigned, declare that I am exercising / exercising my right of withdrawal / termination in respect of the sale of the following product (s) or the provision of the following services:

Date of contract conclusion / date of receipt:

Consumer (s) name:

Address of consumer (s):

Signature of consumer (s): (on paper only)

date”

You will exercise your right of withdrawal in due time by sending your cancellation notice before the deadline specified above. Please be advised that a clear statement of your intention to withdraw is only accepted from the email address you provided during registration.

When will the 14-day withdrawal period be extended?

Should the Service Provider fail to comply with its obligation to provide information on the right of withdrawal, the withdrawal period will be extended by 12 months.

Obligations of the Service Provider in the event of the Consumer’s withdrawal

If you withdraw from this Contract, the Service Provider shall, without delay, but no later than fourteen days after becoming aware of the cancellation, refund the total amount paid by the Consumer as consideration, including any costs incurred in connection with the performance.

In case of cancellation, the Service Provider shall refund the amount returned to the Consumer in the same manner as the payment method used by the Consumer. Subject to the express consent of the Consumer, the Service Provider may use other means of payment for the refund, but the Consumer shall not be charged any additional fees.

Consumer Complaints

The provisions of this chapter apply only to Consumers.

The Service Provider’s registered office, the place of complaint handling, the address of the customer service, the e-mail address, the Internet address and telephone number of the Service Provider are listed in the first Section of these Terms. 

The Consumer may notify the Service Provider of his / her complaint, behavior or omission directly related to the provision or sale of the Service, orally, in writing, or via email. The Service Provider will examine the oral complaint immediately and, if possible, remedy it immediately. If the Consumer disagrees with the handling of the complaint or if it is not possible to investigate the complaint immediately, the Service Provider shall immediately record the complaint and its position on the complaint and provide a copy of the complaint in person to the Consumer in case of a verbal complaint by telephone or other means. in the case of an oral complaint made using the electronic communications service, the Consumer shall be sent at the same time with the substantive reply.

The Service Provider shall respond to the written complaint in writing within thirty (30) days of its receipt and send it to the Consumer together with the above minutes in the form of an e-mail. The Service Provider is obliged to justify its position rejecting the complaint. If the complaint is rejected, the Service Provider is obliged to inform the Consumer in writing which authority or the proceedings of the conciliation body may initiate its complaint by its nature. The postal address of the competent authority or of the conciliation body of the Service Provider must be provided.

In the event of a negative reply, you can contact the independent conciliation bodies operating next to the chambers of commerce and industry in the county (capital): http://www.fogyasztovedelem.kormany.hu/node/8579 

The Arbitration Board at the seat of the service provider:

Csongrád County Arbitration Board

Address: 6721 Szeged, Paris 8-12.

Telephone number: (62) 554-250 / 118

Fax Number: (62) 426-149

Chairman: Dr. Károly Horváth

E-mail address: info@csmkik.hu

In the event of a complaint, the conciliatory body of the consumer’s domicile shall have priority.

The conciliation body shall have jurisdiction to settle the dispute between the consumer and the undertaking concerning the quality of the product, safety, the application of product liability rules, the quality of the service and the conclusion and performance of the contract between the parties. To this end, the conciliation body will attempt to reach an agreement between the parties and, in the event of its ineffectiveness, make a decision in the matter to ensure that consumer rights are enforced in a simple, fast, efficient and cost-effective manner. The conciliation body shall, at the request of the consumer or the undertaking, advise on the rights and obligations of the consumer.

Please note that the Website may make a written submissions to the Hungarian Chamber of Commerce and Industry in writing at the conciliatory body of its seat or, subject to all conciliatory bodies, to the Hungarian Chamber of Commerce and Industry, in which it undertakes that, in the absence of a conciliation board procedure and a settlement, submits to. In the Submission Statement, you may limit the extent or scope of the Website’s commitment to the value of the subject matter of the dispute or otherwise. The Website is exempt from the binding force of this statement if it proves that it has withdrawn in the same way as the contract until the conclusion of the contract.

Please note that the company is subject to the duty of cooperation with regard to the proceedings of the conciliation body.

In case of a consumer protection complaint, you can contact the district offices that are competent in the area. The list of district offices is available at: http://jarasinfo.gov.hu/.

Department of Employment and Consumer Protection, Szeged District Office

Department of Consumer Protection

Headquarters: 6722 Szeged, Rákóczi tér 1.

Availability: 6728 Szeged, Kereskedő köz 3-5. Building C, Phone: +36 62/680 532

In the event of a breach of competition law, you may apply to the Competition Authority:

Economic Competition Authority

1054 Budapest, Alkotmány u. 5th

Mailing address: 1245 Budapest 5. Pf.1036

Phone: (1) 472-8900

Fax: (1) 472-8905

We draw the attention of our Consumers domiciled in the European Union to the fact that, if they have a cross-border consumer dispute – that is, they are not domiciled in Hungary – they can also use the online dispute resolution platform in connection with the Internet. The online dispute resolution platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show 

The Service Provider does not carry out any public service activities, so there are no special statutory rules applicable to service providers carrying out such activities (operation of a special customer service, extended customer reception time, advance booking, continuous availability, five-minute check-in time, etc.).

Copyright and Property Rights

Please note that the content, images, design, etc. on the Website might be subject to copyright, trademark or other type of legal protection. The use of the Website does not give the you the property right over any of the content, codes, or data or material that could be accessed via this Website.

Confidentiality

Each party is obliged to treat any data and information not publicly accessible as confidential and to use these exclusively for the purpose intended. Only data and information needed by third parties (insurers, sub-contractors) for the execution of their duties may be passed on to them. The same rules of the confidentiality of electronic data and information shall apply.

The confidentiality rule does not apply to data and information that must be passed on to third parties, especially public authorities, due to legal obligations. The other party is to be informed about such obligation without delay.

Exclusion and Limitation of Liability of the Service Provider

 

Notwithstanding any provision in any Client contract to the contrary:

the Service Provider shall not be liable in any way to the Client whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any direct or indirect economic or financial loss or damage (including loss of revenue or profits) howsoever caused or arising, including but not limited to any such loss caused or arising from any breach or failure by the Service Provider to perform any of its obligations under any Client contract;

subject always to the exemptions and exclusions set out in paragraphs above, the Service Provider’s liability to the Client whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any and all losses, damages or liabilities caused or arising from any breach, failure or default of the Service Provider to perform any of its obligations or duties to the Client (whether arising under any Client contract or at Law) with respect to any Service shall not in aggregate exceed the amount equal to only those fees and charges in respect of the Service which are prescribed and imposed with reference to any time frame or interval (but not usage) for the period of three months immediately preceding such breach, failure or default on the part of the Service Provider or, if the amount of those fees and charges for such period is zero, the amount equal to the total amount of the fees and charges paid by the Client to the Service Provider for the same period provided nevertheless that nothing in this paragraph shall apply to limit or restrict the amount recoverable from the Service Provider as compensation for any death or personal injury caused by the negligence or breach of duty (statutory, contractual or otherwise) of the Service Provider.

Hindrances, force majeure

Hindrances beyond the control of a contracting party release the parties from their duty to perform for the duration and extent of that hindrance. Hindrances are: strikes, lock-outs, force majeure, civil commotion, war or terrorist acts, measures taken by public authorities or any other unforeseeable, unavoidable and grave events.

In the case of exemption according to the section above each contracting party is obliged to, immediately inform the other party and minimise, within reason, the effects on the other party as much as possible.

Third-party external sites

The Website may contain external links managed by third-party. Such external links are intended to enrich the content of the Website. However, the service provider doesn’t have any control of these external links and their content and we decline all responsibility. The addition of external link managed by third-party doesn’t imply the approval of the content of these external sites and their operators. It’s not permitted to set up a hypertext link without a written authorization from the service provider, that could only be grant toward our Website.

Applicable law & court of jurisdiction 

These Terms and and the relationship between You and the service provider is governed, in the measure allowed by applicable regulations, by Hungarian law. Regarding what is allowable by applicable regulations and international agreements, the parties agree that the resolution of any dispute that could arise between them according to the Terms, the relationship created between them will be under the exclusive jurisdiction of ordinary courts in Hungary. 

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