General contractual conditions

These General Terms and Conditions (hereinafter: GTC) contain the terms and conditions for using the service provided by the Service Provider via the website of simplesms.hu, which enables the sending of bulk SMS/text messages. Unless otherwise agreed, these GTC govern the entire legal relationship between the Service Provider and the Customer.
 

1. Contracting Parties

1.1. Service Provider:

Company name: APPON LINE Kft. (hereinafter: Service Provider)
Headquarters: Római street 1/1, Postcode 2120, Dunakeszi, Hungary
Company registration number: Cg. 13-09-229851
Tax number: 23137631-2-13
Representative: Roland János Sulcz, managing director (MD)
E-mail: info@appon.hu
Mobile: 0036-30-0960620

1.2. Customer: a legal entity, an economic entity without legal personality, a sole trader, a sole proprietorship, and a natural person (Consumer) who uses the service provided by the Service Provider after registering on the website or who initiates registration on the website.

 

2. Definitions, interpretative provisions

2.1. Notice of Data Processing: the information published by the Service Provider on the Website, which contains essential information on data processing activities related to the use of the Website, such as the name, main details and contact details of the data controller; the scope of the data processed, the purpose, duration and legal basis of data processing; cases of data transfer; information on the cookies used; measures taken and methods used in the field of data security; and your rights in relation to data processing.

2.2. GTC:  This document, in other words, the terms and conditions of use of the service provided by the Service Provider via the webiste of simplesms.hu enabling the sending of bulk SMS messages, which, in the absence of a different individual agreement, governs the entire legal relationship between the Service Provider and the Customer.

2.3. List of adress: the list of adress recorded by the Customer in the user account, which contains names and associated telephone numbers.

2.4. Balance: Amount of money (HUF) uploaded to the user account by the Customer.

2.5. E-mail adress:

2.5.1. on the one hand, the email address provided by the Customer for registration purposes, which will subsequently serve as the username for logging in and to which the Service Provider will send the email required to activate the user account during the registration process,

2.5.2. on the other hand, the contact email address provided during registration, through which the Parties conduct electronic correspondence relating to the legal relationship. The email address specified in section 2.5.2 may be changed at any time in the user account.

The customer has the option of providing the same email address for both purposes, acknowledging that only the contact email address can be changed at a later date.

2.6. Parties: Service Provider and Customer jointly

2.7. Website: simplesms.hu website

2.8. Web portal: SMS sending system page of the simplesms.hu

2.9. Existing/Established Customer: Customers who are already in a contractual relationship with the Service Provider under a previously established legal relationship.

2.10. Contact (person): a natural person specified by the Customer during registration – who may be modified later within the profile – who, in addition to the representative authorized to sign on behalf of the company, is exclusively authorized to make statements on behalf of the Customer from the specified email address and/or telephone number.

The Service Provider is not obliged and is not entitled to verify the procedural authority of the specified contact person or the accuracy of the specified data; the Customer is responsible for these.

The Customer shall immediately notify the Service Provider about any changes in the contact person and/or contact details, at least through modifying their user profile.

2.11. Customer: see point 1.2. above, including both Existing/Established Customers and New Customers.

2.12. Registration: In order to use the Service, you must register on the Website and create a user account.

2.13. Service: sending and receiving bulk SMS via the simplesms.hu website operated by the Service Provider, storing sent and received SMS in the user account.

2.14. Service Provider: see point 1.1.

2.15. Telecommunications Service: an economic activity in which the Telecommunications Service Provider provides public telecommunications services and other related, complementary services to others for a fee, or allows others to use its network for this purpose.

2.16. Telecommunications Service Provider: A legal entity, unincorporated business association or sole proprietor (Magyar Telekom Nyrt, Yettel Magyarország Zrt) that has a contractual relationship with the Service Provider as a subscriber and has the authorization to provide telecommunications services.

2.17. Telephone number: The contact telephone number provided by the Customer during registration, through which the Contracting Parties conduct verbal communication concerning the legal relationship. The telephone number can be changed at any time in the user account.

2.18. New Customer: Customers who are not yet in a contractual legal relationship with the Service Provider based on a previously established legal relationship.

 

3. Subject matter of the contract

3.1. Terms and conditions of service use:

3.1.1. The condition for using the Service is the creation of a user account (registration).

3.1.2. Process of registration:

3.1.2.1. Initiate registration by providing the following information:

• the email address that will later serve as your username when logging in
• contact details:
  • Name (prefix, surname, first name)
  • Email address (may be the same as the email address in the previous point)
  • Telephone number
    The Service Provider is not obliged and is not entitled to verify the procedural authority of the specified contact person or the accuracy of the specified data; the Customer is responsible for these.The Customer shall immediately notify the Service Provider of any changes in the contact person and/or contact details, at least through modifying their user profile.
• billing information:
  • Company name/Billing nameRegistered office/Place of residence (postcode, town, name and type of public area, house number, floor, door)
• password

3.1.2.2. Submit registration request by clicking on the "Register" tile

The "Register" tile becomes active when the Customer uses the checkbox provided for this purpose:

• accept
  • GTC presented here
  • the Notive of Data Processing
• declares that
  the information provided is true and accurate
  • registration in their own name, or by a legal entity authorized to represent them, or by an economic operator without legal personality organization, sole proprietor, sole proprietorship, or natural person;
  • acknowledges that if he/she acts as a false representative, he/she will be held legally liable.

3.1.2.3. Confirmation of registration request

a) New Customers will receive a message at the email address provided as their username with a link to confirm the registration, and by clicking on they can activate their user account.

b) Without activation/confirmation, the user account will not be created, and the data provided will be deleted from the Service Provider's database after 24 hours.

 

3.2. Use of the service:

3.2.1. Sending of SMS

Through the "Sending of SMS" menu item, the Customer has the option to send the text of the "Message" specified by them to multiple recipients belonging to the network of domestic and foreign Telecommunications Service Providers.

The Service Provider has no influence on the text of the SMS; it is freely determined by the Customer, taking into account the following:

• 160 characters can be sent in one message, provided that the message does not contain any special accents – you can track the number of characters above the "Message" window.
• In the case of special accents (which are not supported by the basic SMS protocol) or special characters, a message can only be 70 characters long.
• If the message is longer than the above 160 or 70 characters (depending on the characters), then due to the concatenation of several SMS, 1 SMS can only contain 153 or 67 characters in accordance with the rules of the SMS protocol.
• The Service Provider excludes all liability for the content of the message; the Customer shall be solely responsible for that.
• The Customer shall be solely responsible for the lawfulness of the processing of the data provided by the recipient, in particular for ensuring that it has been obtained lawfully.

 

3.2.2. The text messages being sent and received can be stored and rertievable for 12 months or until deletion by the Customer. They can be retrieved in the user account based on search criteria (e.g., recipient/sender, date, message content).

 

3.3. Consideration for services, payment terms, limitation period

3.3.1. The Service Provider publishes the current unit price of the Service under the "Our Prices" menu item.

3.3.2. The Customer is obliged to pay for each SMS sent, regardless of whether it is successfully delivered.

3.3.3. Method of determination of the consideration's payability by the Customer: the published unit price multiplied by the number of text messages sent and/or received by the Customer.

3.3.4. Payment terms for Existing/Established Customers.

3.3.4.1. If you have not used the balance top-up option, an invoice will be issued by the 5th day of each month as part of a subsequent settlement.

3.3.4.2. The payment deadline for invoices is 8 days in the case of bank transfers. As a result of late payment, the Service Provider is entitled to charge default interest at the current central bank base rate which is + 8%.

3.3.4.3. If the reminder is unsuccessful, the Service Provider shall suspend the user account until the invoice is settled, but for no longer than 30 days.

The Service Provider charges an administrative fee of 10,000 HUF + VAT for lifting the suspension.

3.3.4.4. If the suspension period expires without any results, the Service Provider shall be entitled to terminate the Agreement with immediate effect.

3.3.5. New Customers are entitled to use the Service exclusively at the expense of and within the limits of the balance of their user account.

3.3.6. Methods of payment:

3.3.6.1. Method(s) of payment:

• Payment by credit card via the stripe.com system
• Bank transfer

3.3.6.2. How to top-up your balance:

In all cases, balance top-ups can be initiated on the Portal after logging in and clicking on the user's name and then on the "Accounts" menu item.

3.3.7. The Parties agree on the limitation period of any claims arising from this legal relationship is 5 (five) years, which shall be interrupted by the Service Provider's payment reminder as well.

 

3.4. Rights and obligations of the Service Provider

3.4.1. The Service Provider shall ensure the uninterrupted, proper functioning of the Website and the possibility of using the Service in accordance with the contract.

The Service Provider offers a capacity of 10,000 SMS per hour.

3.4.2. The Service Provider shall commence rectifying any errors that may arise within its sphere of interest as soon as possible, but within maximum 4 hours after becoming aware of them.

The deadline shall be extended if the approval or cooperation of a third party, in particular an authority, is required to correct the error. In this case, the deadline above shall apply to the Service Provider's initiative taken for this purpose.

3.4.3. The Service Provider shall inform the Customers of any planned maintenance work through the Website affecting the use of the Service at least 7 days in advance, indicating the planned date and the estimated time required.

3.4.4. The Service Provider shall be entitled to issue invoices to Customers paying on a subsequent settlement basis by the 5th day of the month following the subject/reference month.

3.4.5. Service Provider's liability for damages:

3.4.5.1. The Service Provider shall compensate the Customer for any damage proven to have been caused by a breach of its obligation under Section 3.4.2.

3.4.5.2. The Service Provider shall be liable for actual damages (excluding lost profits) only in cases where it is at fault, i.e. it shall be exempt from liability for damages if it can prove that it acted as could be expected in the given situation in order to avoid the delay or ensure flawless performance.

3.4.5.3. The Service Provider excludes its liability for faulty performance attributable to reasons arising within the sphere of interest of the Telecommunications Service Provider and/or its roaming partner, and/or to disruptions or errors in the operation of mobile networks.

3.4.5.4.  The Service Provider shall not be liable for any damages occurring due to external causes beyond its control that could not have been foreseen at the time of concluding the contract and in relation to which it could not have been expected to avoid circumstances preventing contractual performance or to avert the consequences of such damages (force majeure/vis major). This includes, in particular: war, civil war, revolution, terrorism, and the high probability of any of the above occurring; interruption in the supply of oil, gas, energy, fuel, or other raw materials; fire, explosion, hurricane, tornado, earthquake, volcano, and extreme weather conditions that do not occur regularly, or any other natural event of similar severity; epidemic.

3.4.5.5. The Service Provider shall not reimburse that part of the damage which resulted from the Customer's failure to act as could be expected in the given situation in order to prevent or reduce the damage.

3.4.5.6. The Service Provider shall not assume any responsibility for the software on the Customer's side, except in cases where it is developed by the Service Provider. Consequently, the Service Provider shall not be held financially liable for any unintentional text messages/SMS sent as a result of the malfunctioning of software not developed by the Service Provider.

3.4.5.7. The Service Provider shall not be liable for any damages incurred by the Customer as a result of the Service Provider's service rights being revoked or modified in such a way that makes its contractual obligations unable to fulfill.

 

3.5. Rights and obligations of the Customer

3.5.1. The Customer is entitled to send and receive texy messages/SMS via the Website as part of the use of the Service, as well as to retrieve sent and received texy messages/SMS.

3.5.2. The Customer is entitled and obliged to notify the Service Provider of any malfunction, error or any other circumstance experienced and so affecting the availability or use of the Service on the Website; the Customer is obliged to cooperate in order to remedy the error and to take all reasonable measures necessary to prevent damages.

3.5.3. The Customer shall immediately notify the Service Provider about any changes in the contact person and/or contact details, at least through modifying their user profile. The Service Provider excludes all liability for damages resulting from delays.

3.5.4. New Customers are required to top-up their balance with the amount foreseeably necessary for using the Service; they acknowledge that they are only entitled to use the Service to the extent of their balance, and they acknowledge that the Service Provider shall not be liable in any way in this regard.

3.5.5. Existing/Established Customers shall pay the invoices issued by the Service Provider by the due date.

3.5.6. When using the Service, the Customer shall refrain from infringing the rights and legitimate interests of third parties, and shall not commit any criminal offense with the SMS/text messages sent.

3.5.7. The Customer may only send SMS/text messages to recipients who have given their consent to it. The Customer is obliged to verify this consent at the request of the Service Provider.

3.5.8. The customer is not entitled to send unauthorized messages, in particular commercial advertisements and unsolicited messages.

3.5.9. The Customer shall respect the business interests of the Service Provider and refrain from sending SMS/text messages that may harm or jeopardize those interests.

3.5.10. Customer's liability for damages:

The Customer shall compensate the Service Provider for all damages attributable to its conduct, including, but not limited to, any penalties or damages imposed on the Service Provider by the Telecommunications Service Provider due to a breach of confidentiality obligations.

 

4. Scope of the Contract/Agreement

4.1. Conclusion of the Contract:

The contract between the Parties is concluded by the Customer's implied conduct through the creation of a user account, which, in accordance with the above, is preceded by the acceptance of the provisions of the GTC published by the Service Provider.

No individual written contract shall be concluded between the Customer and the Service Provider.

If any provision of the Agreement becomes invalid or unenforceable, it shall not affect the validity of the remaining provisions or the Agreement, unless the Parties would not have entered into the Agreement without the invalid or unenforceable provision.

4.2. Term of the Contract:

The contract between the Contracting Parties shall be concluded for an indefinite period.

4.3. Amendment of the Contract

4.3.1. The Parties exclude any amendment to the Contract/Agreement, whether verbal or implied.

4.3.2. The Service Provider shall be entitled to unilaterally amend the GTC - published by the Service Provider - , provided that it notifies the Customers of the amendment by sending a message to their contact email address at least 30 days prior to the amendment taking effect.

The amendment to the GTC shall be deemed accepted by the Customer if no objection is raised within 15 days of receipt of the notification containing the relevant notice.

If the Customer objects to the amendment of the GTC and the Parties fail to reach an agreement on the disputed provisions within 15 days of the Service Provider receiving the objection, the Contract shall terminate upon expiry of the deadline.

4.4. Termination or cancellation of the Contract:

4.4.1. The Contract/Agreement shall terminate:

4.4.1.1. Upon termination of the Service Provider/Customer without a legal successor; Upon the death of the Customer

4.4.1.2. In the event of termination with notice

Either Party shall be entitled to terminate the Contract/Agreement concluded between the Parties with 30 days' notice.

The termination period shall commence on the day following notification to the other party.

4.4.1.3. In the event of termination with immediate effect

Either party shall be entitled to terminate the Contracgt/Agreement with immediate effect by means of a unilateral declaration addressed to the other party in the event of a serious breach of contract by the other party.

The termination shall take effect on the date of notification to the other party.

A serious breach of contract by the Service Provider shall be deemed to have occurred in particular if:

• the Service is unavailable for at least 24 hours for reasons arising within its own sphere of interest

The following shall be considered serious breaches of contract by the Customer:

• commits a criminal offense and/or infringes the rights/legitimate interests of a third party while using the Service;
• does not have legal grounds for processing the recipient's data;
• fails to fulfill its payment obligation within the deadline specified in the Service Provider's payment reminder;
• any conduct that results in a third party asserting a claim for damages and/or a penalty against the Service Provider.

4.4.1.4. in the specified case in point 4.3.2.

4.4.2. Consequences of termination of the Contract/Agreement:

4.4.2.1. On the day the termination takes effect, the user account will be deleted.

4.4.2.2. If the Contract has been terminated with immediate effect due to the Customer's (Existing/Established Customer) failure to make payment, the Customer shall only be entitled to use the Service again after settling their debt and only to the extent of their Balance; they shall not be entitled to make subsequent payments.

4.4.3. Financial settlement in the event of termination of the Contract:

In the event of termination of the Contract for any reason, the Parties shall settle their accounts with each other within 30 days of termination at the latest.

In the event of a positive balance on the part of the Customer, the Service Provider shall arrange for its refund after deducting an administration fee and costs of HUF 10,000 + VAT.

 

5. Other provisions

5.1. Confidentiality

The Parties shall treat all data, facts, and information that come to their knowledge during the performance of the Contract as business secrets and agree that they shall be bound by a confidentiality obligation without any time limitation with regard to all facts and data that come to their knowledge during the existence of the legal relationship and in connection therewith.

The parties are obliged to keep confidential any business secrets that come to their knowledge, as well as any fundamental information relating to the other party or its activities. Their obligation of confidentiality shall remain in force even after the termination of the legal relationship.

The party proven to have breached the confidentiality obligation shall pay the aggrieved party a penalty of HUF 5,000,000 within 30 days of the notice, and shall also be liable for compensation for the damage caused.

5.2. Contact, communication of legal statements

5.2.1. The Parties agree that any statements or communications relating to this legal relationship shall be valid only in writing, in such a way that they are sent to each other at the email address specified in Section 1.1 for the Service Provider and the Customer's contact persons.

5.2.2. The Customer shall immediately notify the Service Provider of any changes in the contact person and/or contact details by modifying their user account. The Customer shall bear all liability arising from any delay in notification.

5.2.3. The parties agree that the recipient of the email is obliged to send confirmation of receipt of the email to the sender; in the absence of such confirmation, the email shall be deemed to have been delivered on the working day following its dispatch.

5.3. Obligation to cooperate

5.3.1. The parties agree to attempt to settle any disputes arising from this legal relationship amicably and by mutual agreement.

5.3.2. In the event of the above is unsuccessful, the parties agree that disputes arising from this legal relationship shall be settled by the Dunakeszi District Court or the Budapest Regional Court, depending on their jurisdiction.

5.4. Governing law

The present legal relationship shall be governed by the Hungarian laws in force at any given time, excluding conflict of law rules, and any legal disputes arising hereunder shall be settled in accordance with Hungarian law.

5.5. Data processing, data protection

The Service Provider's data management rules governing this legal relationship are contained in the "Data Management Information".