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View conditions for Subscription Services General Contractual Conditions of Pre-Paid Services
1.1 Aim, Subject, and Sphere of Regulations of the General Contractual Conditions Provider issued the General Contractual Conditions (hereinafter referred to as “GCC”) for regulation of the conditions of the Service and their employments, rights and obligations of Provider and Customer and other necessary states of affairs. The valid operative text of the GCC including general conditions of the services is a part of the legal relationship of Provider and Customer. Issues not regulated in the present GCC subject to the valid legal rules and provisions, and authoritative directions, regulations of the Civil Code, published conditions of international agreements, standards without any stipulation. 1.2 Basic Principles 1.2.1 Service Service includes wireless HotSpot internet providing. 1.2.2 Parties
Provider supplying Service to Customer : Wiera Provider of Internet
Services Ltd. Customer indicates natural or artificial person, economic company without legal entity, organization of private entrepreneur that buying and using pre-paid card Service. Customer is responsible for fulfillment of obligations determined in GCC. 1.3 Publication of General Contractual Conditions Provider publishes the General Contractual Conditions on its website of www.wiera.hu. At the establishment of relationship of Provider and Customer Provider puts a copy of the GCC at the Customer’s disposal. 1.4 Period of the General Contractual Conditions and their modifications The GCC is valid as long as Provider is entitled to provide Service. In a case that modifications of legal regulations and/authoritative decisions impose obligation, Provider has right to change the conditions of the agreement unilaterally. Customer understands the changes of conditions originated in modifications of laws and regulations. 1.5 Modifications of General Contractual Conditions In a case of modification of the GCC, Provider shall inform Customer thirty (30) days before its coming into force. At the same time, Provider informs Customers about modifications on its website as soon as possible in written form, and/or in electronic mail, and/or by other electronic means. The fact that Customer continues obtaining services more than 15 days following getting the information has been considered as concludent behavior and consequently, it indicates the acceptance of the modification(s) of the GCC. 2. Service, Provider-Customer Legal Relationship 2.1 Period of Service Provider supplies Customer with Service regulated in General Contractual Conditions until the date displayed on the card given to Customer. 2.2 Provider’s Obligations Provider is obliged to supply Customer with Service according to the present GCC and to the relevant legal regulations. Provider shall take all measures for giving Service on the appropriate level, and on level that can be expected from electronic telecommunication provider under the given circumstances. Within the frameworks of its obligations Provider controls, maintains the system permanently, repairs the system accurately in case of failure as circumstances require and make it possible. Provider installs equipments suitable for current legal regulations in the system. 2.3 The Minimum Quality Level and Sought Goals of the Services; the Meanings of Minimum Quality Level and of Sought Goals; Method of Their Measuring Provider supplies Service listed below on the level requested by the valid legal regulations and by the means expected from him, under the possible technical circumstances. 1. Time of Establishment of New Access Fulfillment of 80% of deadline [starting calendar day] of establishment of new access to Services Minimal value is 30 day; Sough goal: 14 days. Buying Provider’s scraping card Customer purchases immediate internet access for period determined by the type of the card. 2. Period of troubleshooting in case of complaint of quality Fulfillment of 80% of deadline [starting calendar day] of troubleshooting (starting time [hour]) Period of troubleshooting of quality insufficiency depends on the time of troubleshooting carried out by service providers (e.g. ADSL service providers) connected to the network of the Wiera Ltd, that has not provided this kind of services so far. Wiera Ltd. as service provider makes its best efforts for cooperation with other providers in troubleshooting. Wiera Ltd. undertakes the following deadlines of troubleshooting of its infrastructure: Minimal value: 72 hours Sought goal: 48 hours Measuring the period of troubleshooting: period between opening the registration card of the reported error and time of closing of the error card 3. Availability of Service The availability is equal to rate of collection of data to total service period, at 90% of customer usage of full services. [%] Minimal value: 90% Sought goal: 93% Wiera Ltd. does not take responsibility for the following WLAN services: - interferences caused by tertiary, short range equipments operating in frequency of 2400-2483.5 MHz determined in the national footnotes nos. H153; H154; H155 of National Division Table declared in the Government Decree no. 2842002 (XII. 21). - quality loss of services caused by WLAN equipments of providers supplying WLAN services on the same WLAN service area Measuring methods: availability according to the log files of network monitoring system (Nagios) operated by the Wiera Ltd. Availability has been calculated as follows:
4. Pause in the entire region of services Pause in the entire region of Service indicates the time when the Service was unavailable because of service failure unexpected for the users during the data collection period [hours]. Minimal value: 72 hours Sough Goal: 24 hours Measuring method indicates the period from the total failure according to the log files of the system monitoring system (Nagios) operated by the Wiera Ltd, until the partial or total restoration of the Service.
5. Failure affecting 10% of the customers at least indicates the period when data service is unavailable for 10 % of Customers at least, because of service failure [minute]. Minimal value: 53,000 minutes Sought Goal: 37,000 minutes Measuring method: Failure affecting 10% of Customers calculated from the beginning of drop-out to partial or full reconstruction of the Service (i.e. the Service is unavailable for less than 10% of Customers), calculated on the basis of the log files of the network monitoring system (Nagios) operated by the Wiera Ltd.
6. The ratio of Customer care calls answered within 120 seconds (percent) Minimal value: 80 % Goal: 90 %
Provider undertakes to display the data listed below besides the data written above in its yearly report: 7. number of Customer’s complaints 8. number of complaints on quality losses 9. number of rightful complaints 10. number of complaints on customer service and administration 2.4 Obtaining Service Provider undertakes supplying Service to Customer from the starting date of the Customer’s legal relationship. Customer's legal relationship has been established by clicking on the appropriate icon accepts the conditions of the present GCC. This way Customer enters our system. Modification of legal partnership is possible by consent of both Parties, and by the acceptance of Customer’s concludent behavior by Provider. Provider reserves the right to change the technical conditions for the sake of improvement of the Service. In the case of amendments, Provider shall observe Customer’s interests and shall seek for unbroken and secure services. In a case of changes of legal regulations and of authoritative decisions, Provider is entitled to modify Customer’s legal relationship unilaterally. For employment of services, Customer shall guarantee the necessary equipments, if Parties have undersigned no different agreement. Customer is obliged to store username and password put at his disposal safely and securely. Loss of username and/or of password and their illegal usage have to be reported to Provider by Customer. For damages caused by delayed report, Provider does not take responsibility. Provider does not take responsibility for content uploaded and downloaded by Customer. 2.5 Limits of employment of services Customer does not have right to resell the internet access to a third party. One person may use the system with particular username. Customer overloading the internet system, Provider’s system and troubling service providing to other customers may not use the internet services. In these cases, Provider has right to limit the download speed or to suspend the internet connection. Server hosting, illegal mailing, annoying other persons, usage of username and password of other users, and abusing personal data are strictly prohibited. Upon Provider’s request, Customer shall disconnect every peripheral and equipment generating malfunction of services. 2.6 Intervals and Limits of Services Since the Service is not charged monthly, Provider does not examine intervals initiated by Customer. Provider is entitled to suspend the Service because of the following reasons: - in case of reconstruction, replacement, maintenance – if Provider cannot perform these works by other economic means avoiding suspension of services – that does not exceed one day per calendar month. Provider shall inform Customer fifteen (15) days before suspension of Services; - in case of unforeseen and unavoidable circumstances (vis major); - if suspension is resulted by legal regulations because of national defense and security, protection of economic interests and the public order of the Hungarian Republic. If the Service is suspended because of Provider – with exception of regular maintenance determined in the GCC – or neither party is responsible for the suspension, Customer has not been charged for services. In a case of suspension caused by vis major fee shall not be returned if Provider proves that he took every possible and potential measures for solving the problem. Provider may limit Customer’s employment of services – at the same time informing him about the limit – if Customer hinders and/or endangers the regular operation of Provider. 2.7 Damages and Limited Responsibility 2.7.1 Preclusion of Provider’s Responsibility of Damages Customer employs the Service at his own responsibility. Provider is not responsible for virus infection, failure of the computer, failure, and/or error of data communication caused by delayed connection establishment, interruption of connection and similar events. Provider is not responsible for data and information access, their damages and/or elimination by a third party accessing them via Customer’s computer or other peripherals. Provider is not responsible for damages caused by domestic and/or foreign authoritative provision, by denial of necessary authoritative permission and/or its late submission, by force, natural disaster (vis major), and events out of Provider's sphere of activity. Provider is not responsible for damages arose in Customer's sphere of activity or inobservance of General Contractual Conditions and/or its delayed fulfillment. Provider is not responsible for Customer’s consecutive and/or indirect damages, including but not exclusively for unrealized profits, missed businesses, with exception of Provider’s intentional behavior, grave negligence, and/or felony, criminal act, and violation of agreement causing life and/or health injury. 2.7.2 Provider’s Liability for Damages Provider is liable to recompense Customer’s financial damages caused by delayed or erroneous fulfillment of obligations based on Customer’s relationship, unless he proves that he took expectable and necessary measures. Customer is entitled to get compensation for damages caused by Provider, in maximum value of his expenses of damages connected to damages, and if Provider’s responsibility can be proved. Provider’s liability for damages may not exceed the sum paid by Customer during Customer’s legal relationship. 2.7.3 Customer’s Liability for Damages Customer is liable to recompense Provider’s damages and/or third party’s claims for damages caused by his grave negligence, violation of the present agreement and/or of legal regulations. 3. Fees and Terms of Payment Premium cards (in 5* hotels):
Period of a card has been counted from the first sign in (log on) independently from real usage.
Card is valid for 90 days since the first login and expires after 100 minutes of use.
Normal cards (in different places):
Period of a card has been counted from the first sign in (log on) independently from real usage.
Card is valid for 90 days since the first login and expires after 100 minutes of use.
4. Termination of Agreement Customer’s legal relationship is terminated if he used up the guaranteed period of the card. 5. Data Management 5.1 Requested of Data and Certificates Connected to Customer’s Relationship In Case of Natural Person Customer’s name, address and Customer’s additional accessibilities (phone, e-mail address, address) In Case of Artificial Person Customer’s name, headquarters, accessibility (phone, e-mail address) 5.2 Data Service Customer acknowledging his full responsibility declares that he is entitled to perform legal transaction, and his unlimited ability to conclude agreement. He also declares that data provided by him are authentic. 5.3 Cooperation and Information Due to their legal relationship, Customer and Provider shall cooperate. In favor of cooperation, Parties are obliged to inform each other about facts, circumstances, and changes necessary for the Service. Parties shall supply each other with data and information necessary for providing the contractual Service. Subscriber fulfilling his obligation of prevention and/or mitigation of damage undertakes obligation that informs Provider as soon as he realizes failure and/or insufficiency of Service. 5.4 Management of Customers’ Personal Data Provider uses and manages Customer’s personal data listed in section 5.1 for invoicing fees and assertion of claims based on legal relationship connected to the Service. Consequently, the basic objective of Customer’s personal data management is the invoicing of value of services used by Customer, collection and/or recovery of invoiced and unpaid fees, control of invoices and taking additional measures. For invoicing, Provider manages personal data related to employment of Service necessary and sufficient for determination of fee, and for invoicing. Therefore, especially data related to the starting date and to period of using the Service are necessary. Following the data management Provider deletes the personal data immediately, if the data were managed for purposes different from ones detailed above. Conditions of data management have been detailed in General Contractual Conditions available in Provider’s office free of charge. On the base of the GCC, Customer shall be informed about the objectives of Provider’s data management before and during the employment of Service, at any time. Cases and reasons of data management a) Invoicing - title of data management: § 157 (2) of Act on Electronic Broadcasting (further referred to as EHT) - objective of data management: collection of fee of Service b) Customer satisfaction and public opinion research - title of data management: § 157 (4) EHT and Customer’s approval - objective of data management: quality guarantee of Service c) Activities related to recovery of value of invoices - title of data management: § 157 (5) a), b) EHT - objective of data management: recovery of assets d) Requests of organizations of national security, defense, public safety, investigation and courts - title of data management: § 157 (5) c) EHT and laws regulating the activity of the organizations mentioned above - objective of data management: prevention and discovery of criminal act e) Achievement of businesses, direct marketing with Customer’s previous approval - title of data management: § 157 (4) EHT - objective of data management: giving information about new services - objective of data management: providing information service Data listed in section 5.1 may be managed until the termination of Customer’s legal relationship, if different, additional legal authorization and/or different written agreement concluded by Customer and Provider do not exist. 5.5 Protection of Personal Data Provider treats information and data connected to operation of network coming to his knowledge confidentially according to the legal regulations. Provider may not hand data over to third party with an exception of ordainment of legal regulations. Provider may not make data available to a third party if Customer fulfills of his obligations based on Customer’s relationship. Customer understands that in case of unfulfillment of his obligations, Provider hands Customer’s data determined in §§ 157-158 EHT over to third party for purpose of Customer’s identification, and/or claims under conditions of confidential treatment. Customer undertakes obligation of usage of information (hereinafter referred to as “Information”) got from Provider for his own purpose, and he may not forward Information to third party and/or publish fully and/or partially. In a case that employment of the Service is under condition of particular confidential identifier, Customer also may not put his confidential identifier at third party's disposal even after the termination of his Customer’s relationship. Customer acknowledges the original owner’s proprietorship and right of protection of Information. 6. Failure Report Customer may report about failures and insufficiencies of the Service to Provider by phone and e-mail 7/24. Provider records failure reports, process of failure determination, measures taken in the course of troubleshooting electronically (e.g. voice record) observing the regulations of data management. Provider confirms the receipt of the failure reports and registers it besides recording. Record includes the following data: a) Customer’s mail address or other identifier; b) Customer’s call number or other identifier; c) description of failure; d) time of report on failure (year, month, day, hour); e) reason of failure; f) way and time (year, month, day, hour) of troubleshooting, result or reason of resultlessness; h) way and time of report to Customer. Based on examination carried out, Provider informs Customer immediately about the following circumstances a) failure was not observed during the examination or it arose because of Customer; b) start of troubleshooting; c) Provider cannot execute troubleshooting temporarily (for fixed time) or permanently. In case that in the course of examination Provider detects failure, arising in his sphere of activity reported by Customer, Provider corrects it within 72 hours maximum. In a case that examination and/or correction may be executed on the Customer’s lot and/or his residence exclusively and in time determined by Customer, and this time is unsuitable because of reasons out of Provider’s responsibility, deadline of troubleshooting has been prolonged until the date suitable for Customer. In a case of delayed correction of failure reported by Customer, Provider shall accept responsibility for the period from the end of the guaranteed deadline of troubleshooting (of 72 hours) until the real correction of the failure, according to the § 129 section (5) item j) of Act no. C of 2003. 7. Supervision Provider’s activity of providing the Service is under the supervision of the National Communication Authority, the professional (marketing) activity is under the supervision of the Office of the National Communication Authority. Regarding questions about the Service appeal may be submitted to the Office of the National Communication Authority (address: 1015 Budapest, Ostrom St. 23-25, Mailing address: 1525 Budapest, POB 75, phone: (+36-1) 375-7777, fax: (+36-1) 356-5520, website: www.nhh.hu) according to § 138 (2) a) EHT. Besides inspection of particular cases detailed in the GCC, the Office of the National Communication Authority may inspect the quality of the Service and fulfillments undertaken by Provider detailed in GCC. For ensuring the possibility of supervision, Provider supplies necessary data to National Communication Authority regularly. 8. Additional Regulations For the sake of efficient Service supply, Provider is entitled to store data and information observing the valid legal regulations. At the same time, Provider shall handle data and information confidentially and may not discover them to a third party. Issues not regulated in present agreement are subject to Hungarian Civil Code. In a case of legal dispute, Parties may stipulate the jurisdiction of the Central Court of District Pest or of the Court of Budapest. Information about the present agreement may be requested at our customer service operating 7/24. Provisions of the present agreement come in force on 15. September 2005. Customer declares that he read, understood and accepted the present agreement and approved with his signature. |
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| Copyright: 2005 Wiera Kft. |