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Service and Usage Agreement

HomepageService and Usage Agreement

General Terms and Conditions (GTC)
1.1. Basic Concepts
Service Provider
Cseresznyák Ferenc Zsolt E.V. (registered office: 1119 Budapest, Fehérvári út 103/B 2/8, Tax ID: 67014031-2-43; Registration Number: 42359691), hereinafter referred to as PulseHost.

Subscriber
The natural or legal person who uses the Service based on the Service Order. The Subscriber is responsible for fulfilling the obligations defined by Cseresznyák Ferenc Zsolt E.V. based on the GTC.

Service
The Provider ensures this Service in exchange for payment.

Service Order
The "Online Order," which represents the legal relationship between the Provider and the Subscriber. Based on this, the Provider delivers the Service to the Subscriber, who is obliged to adhere to the terms described in the GTC and to pay the fee specified in the Online Price List for the Service used by the deadline. The Provider is obliged to adhere to the obligations undertaken in the GTC.

Subscriber Agreement
The legal relationship established between the Subscriber and the Provider, which comes into effect after ordering on the website https://pulsehost.eu and accepting the "GTC."

Price List
The Provider records the service fees due as consideration for the Service in a separate Price List, which forms an integral part of the Service Order representing the legal relationship established with the Subscriber. Upon accepting the terms described in the GTC, the Subscriber acknowledges that the Provider may modify the terms of the Price List at most twice a year, and with regard to prices, not exceeding the annual inflation rate published by the KSH (Hungarian Central Statistical Office) per modification. The Provider will notify its clients of the modification via email, telephone, or potentially by registered mail. Modification of the Price List is considered accepted if the Subscriber continues to use the Service and does not object to the modification within 8 working days.

1.2. Purpose and Subject of the GTC
1.2.1. The Provider has issued its GTC in accordance with applicable legal regulations to regulate in detail the conditions related to the Service and its use, the rights and obligations of the Provider and the Subscriber, and other essential circumstances related to the Service.
1.2.2. The GTC contains the general conditions of the service relationship established between the Provider and the Subscriber entering into a contractual relationship with them.
1.2.3. The Subscriber must accept the provisions described in the GTC in writing by signing the Service Order when the subscriber relationship is established. Acceptance of the GTC by the Subscriber is a prerequisite for the entry into force of the relationship between the Provider and the Subscriber. When accepting the GTC, the Subscriber acknowledges that the Provider may modify its terms in whole or in part from time to time due to significant change(s) in the subject or circumstances of the service. The Provider will notify its clients of the modification via email, telephone, or potentially by registered mail. Modification of the GTC is considered accepted if the Subscriber continues to use the Service and does not object to the modification within 8 working days.

1.3. Scope of the GTC
The GTC and any amendments thereto shall enter into force eight working days after publication. The GTC shall remain in effect as long as the Provider provides the Service.

2. THE SERVICE – SUBJECT OF THE SUBSCRIBER RELATIONSHIP
2.1 Territorial Scope of the Service
The Provider's obligation is to provide the Service to the Subscriber in accordance with the following conditions and the provisions of these GTC. The Provider provides the Service on its own or its partners' servers, meaning that the software, database, and other electronic materials uploaded that enable the service are located on the Provider's server or a server rented by it.

2.2. Temporal Scope of the Service – Establishment and Modification of the Subscriber Relationship
The Provider undertakes to provide the Service to the Subscriber for at least one year from the date of conclusion of the Subscriber Agreement, if it was concluded for a fixed term. The Subscriber shall use the Service for a duration of at least one year starting from the same date. The subscriber relationship is established when the Subscriber signs the Service Order and pays the pre-paid or monthly fees specified in the Price List, as a result of which the Provider provides Webhosting and other services to the Subscriber within the framework of the service. The Provider shall provide the necessary data for the setup of this service to the Subscriber. The Provider provides the Service 24 hours a day, continuously, without time limitation.

2.3. Quality of Service
The Provider shall provide the Service of appropriate quality in the expected manner, under the available and ensureable technical conditions, and shall ensure the proper development, operation, supervision, and maintenance of the server software system it operates. The Provider undertakes to install the web/radio/TV servers serving the system near networks exchanging international internet traffic, where the nominal data transfer speed of the server communication is a minimum of 100 Mbps bandwidth. The Provider further undertakes a minimum 99.9% annual availability of the web/radio/TV servers.

2.4. Fault Reporting, Troubleshooting
The Subscriber can report faults detected in connection with the Service to the Provider's online customer service (e-mail: admin@broadhost.eu), telephone customer service (tel: +36 31 200 3100), or via the online support ticket interface at https://pulsehost.eu. The Provider will inform the subscriber about the time of troubleshooting. The fault phenomenon must not exist for longer than 24 hours.

2.5. Regular Maintenance
The Provider reserves the right to perform maintenance on its web server, server software, and database on a monthly basis in order to maintain the appropriate quality of the service. Maintenance may take place at the end of each month, on Sundays between 20:00 and 00:00, for a maximum duration of one hour per occasion.

3. RIGHTS AND OBLIGATIONS OF THE PROVIDER
3.1. Provider's Service Obligation and Responsibility for Quality
3.1.1. The Provider shall continuously provide the Service to the Subscriber from the date specified in the Subscriber Agreement, in exchange for the Subscriber's fulfillment of the payment obligation. During the performance of the Service and in order to ensure the appropriate quality of the Service, the Provider shall take all reasonable measures to perform its activities as can generally be expected of providers in the given situation. In this context, it shall continuously monitor and maintain the system operating the Service, and in case of a potential malfunction, shall repair it appropriately within the limits of available technical possibilities (see point 2.4!).

3.1.2. The Provider is not liable for damages resulting from domestic or foreign official orders, refusal or delayed granting of necessary official permits, force majeure, natural disaster, or other causes or events outside the Provider's sphere of interest for which the Provider cannot be held liable, nor for damages occurring within the Subscriber's sphere of interest or as a result of the Subscriber's non-compliance with or delayed performance of the conditions set forth in the GTC. Furthermore, the provider does not assume responsibility for any (DDoS) attacks involving potential service denial.

3.1.3. The Provider shall only be liable for direct damages resulting from the potentially inadequate quality of the Service or related to any malfunction of the website system it operates or disruptions in its operation in the event of a malfunction exceeding 24 hours; it does not assume responsibility for related and indirect damages.

3.1.4. The Provider shall reimburse the portion of the monthly subscription fee paid by the Subscriber that is not covered by counter-performance by crediting it in the next invoice(s) or by providing a compensated free period.

3.1.5. The Provider shall cooperate with the Subscriber during its contractual relationship arising from the service relationship. To this end, it shall inform the Subscriber without delay about facts, circumstances, and changes significant from the perspective of the Service.
3.1.6. The Subscriber may submit their complaints regarding the operation of the Service to the Provider's customer service by phone, e-mail, or in writing. The Provider shall investigate the complaints in all cases and inform the Subscriber of the result.

3.2. Protection of Personal Data
3.2.1. The Provider shall treat information and data that come to its knowledge in connection with the Service or the operation of its network confidentially in accordance with the provisions of applicable legislation. Except in cases of express legal provision, it shall not disclose or make such data accessible to third parties as long as the Subscriber fully complies with its obligations contained in the Subscriber Agreement. By signing the Subscriber Agreement, the Subscriber unconditionally consents that if they do not fulfill their obligations, the Provider may disclose the necessary Subscriber data to a third party, who is also bound by confidentiality, for the purpose of identifying the subscriber and/or enforcing a claim.

4. RIGHTS AND OBLIGATIONS OF THE SUBSCRIBER
4.1. Payment of Fees
4.1.1. Upon conclusion of the Subscriber Agreement, the Subscriber is obliged to pay a one-time subscription fee, as well as the due fees specified in the Price List; payment of these fees is a prerequisite for connecting to the Provider's system. In addition to the above fees, the Subscriber is obliged to pay a usage fee on a monthly, quarterly, or annual basis chosen by the Subscriber, if this was indicated on the Service Order. The amount of the fees shall be determined based on the provisions of the currently valid Price List. The Price List forms part of the Service Order.

4.1.2. Based on the Subscriber Agreement, the Subscriber is obliged to pay the Provider for the Service provided by it in exchange for an invoice issued and sent by the Provider prior to the subject period, in accordance with the terms of the Price List forming an annex to the Subscriber Agreement. The Subscriber may pay the fees in cash or by bank transfer. The fulfillment date on the invoice is the date of the order or the date stated on the performance certificate, or in the case of continuous fee payment, the first day of the billed period.

4.1.3. The Subscriber may dispute the amount of the fee specified in the invoice at the customer service within the payment deadline indicated therein. The evaluation of this complaint has a suspensory effect on payment. Complaints received after this deadline have no suspensory effect on the payment of the fee specified in the disputed invoice. The Provider shall investigate the objection on the merits in all cases. In case of doubt, the Provider must prove the correctness of the contents of the invoice. If the objection is justified, the Provider shall credit the erroneously determined amount to the Subscriber in the next periodic invoice. The Provider has the right, with notification to the Subscriber, to modify the billing period and the billing date due to potential changes in legislation or to ensure compliance.

4.1.4. If the Subscriber does not settle the fee indicated in the invoice by the expiration of the payment deadline indicated therein or does not prove that they have taken all measures necessary for the transfer of the amount, the Provider is entitled to restrict or suspend the use of the Service or the right of access to the Service with immediate effect. If, despite the above measures, the Subscriber does not settle the fees due to the Provider, the Provider is obliged to call upon the Subscriber in writing to terminate the breach of contract, and subsequently is entitled to terminate the Subscriber Agreement in writing with a 15-day notice period calculated from the ineffective expiration of the call.

4.1.5. The Subscriber signing the Subscriber Agreement is responsible for the payment of the Service fee, regardless of the actual user of the Service.

4.1.6. The Provider is entitled to charge late payment interest at the rate specified in the Price List from the first day of delay until the day of settlement of the debt in the event that the Subscriber misses the payment deadline indicated in the invoice. In case of overcharging and repayment of an erroneously collected amount, the Subscriber is entitled to late payment interest at a rate identical to the former case, for which the Subscriber must submit a claim within 5 working days after the payment; failure to submit the claim or reporting it after the deadline means the loss of the late payment interest for the Subscriber.

4.1.7. Online credit card payments are executed through the Stripe system. Credit card data is not passed on to the merchant. The service provider, Stripe Technology Europe, Limited ("STEL"), is an institution under the supervision of the Central Bank of Hungary (Magyar Nemzeti Bank).

4.2. Data Provision
4.2.1. The Subscriber declares that they are entitled to conclude the Subscriber Agreement in their own name and that their legal capacity to contract is not limited.
4.2.2. The Subscriber is obliged to immediately notify the Provider of any changes in their data related to billing and the performance of the Service. The Provider does not assume responsibility for damages resulting from the failure to immediately notify of changes in the Subscriber data provided to it, however, in view of the Subscriber's breach of contract, it may demand compensation from the Subscriber for its damages arising in this regard.

4.3. Change in the Person of the Subscriber
4.3.1. The Subscriber is not entitled to transfer the rights entitled to them by the conclusion of the Subscriber Agreement to a third party.
4.3.2. In the event of the death of an individual Subscriber, the heir is obliged to make a notification to the Provider immediately upon proving this status with a credible document. In the case of the dissolution of a legal entity with a legal successor, the notification obligation is also immediate after the judicial registration of the legal succession. Upon request of the heir or legal successor, the Provider shall rewrite the Subscriber Agreement to the name of the heir (or one of the heirs in the case of multiple heirs) or the legal successor free of charge.
4.3.3. As a result of the rewriting, the heir or legal successor becomes the holder of the rights and the obligor of the obligations arising from the Subscriber Agreement from the date of the rewriting.

4.4. Cooperation and Information
4.4.1. The Subscriber and the Provider are obliged to cooperate with each other during their contractual relationship arising from the service relationship and the Subscriber Agreement. To this end, they are obliged to inform each other without delay of facts, circumstances, and changes significant from the perspective of the Service.
4.4.2. The parties are obliged to provide each other with all data and information whose disclosure is necessary for the contractual performance of the Service.
4.4.3. The Subscriber and/or their legal successor is obliged to notify the Provider immediately if any change occurs concerning their person, legal status, or management. Similarly, the Provider and/or its legal successor is obliged to notify the Subscriber immediately if any change occurs concerning their person, legal status, or management. Damages resulting from the failure of this obligation shall be borne by the defaulting party.
4.4.4. The Subscriber – as fulfillment of their obligation to prevent or mitigate damages – undertakes to notify the Provider immediately if they detect that the Provider's Service has not been performed or has been performed unsatisfactorily. In case of failure or delayed performance of the notification, the Provider is not liable for any damages that may arise and/or costs affecting the Subscriber.

4.5. Data Protection
4.5.1. The Subscriber acknowledges that during the use of the Service utilized within the framework of the Subscriber Agreement, they are responsible for the legality of the use of uploaded data, information, and images, and for their content. The Provider reserves the right to suspend the Service and access from the perspective of the given website in questionable or disputed cases regarding the content or the legality of their use.
4.5.2. All information uploaded by the Subscriber must respect social values and human dignity and must not be of a nature that: encourages or incites anyone to commit illegal acts; provokes serious or widespread resistance; is misleading due to its inaccuracy, ambiguity, exaggeration, negligence, or any other reason; incites or promotes racial, religious, or political strife; encourages or incites participation in any habit or action that is likely to be detrimental to anyone's health or safety; causes offense through its sexual, violent, or obscene content; is false or outdated.

5. SUSPENSION OF THE SERVICE
5.1. The Service is suspended if the performance of the Subscriber Agreement temporarily faces an obstacle. In this case, the Subscriber is not under an obligation to pay fees for the duration of the suspension of the Service.
5.2. The Service is suspended if the Subscriber does not pay the Service fee by the deadline, until the payment of the fee, or until the termination of the Subscriber Agreement via cancellation.
5.3. The Service is also suspended in the event of such a provision by the Subscriber, from the notification until the time specified in the request for reconnection. In this case, the Subscriber bears the fee for the suspension.
5.4. The downtime described in point 2.5 due to regular maintenance does not constitute a suspension of the Service.

6. TERMINATION OF THE SUBSCRIBER AGREEMENT
6.1. The Subscriber Agreement terminates if the contracting parties mutually agree to this.
6.2. If the Subscriber does not pay the Service fee despite a written notice, the Provider is entitled to terminate the contract with a 5-day notice period 15 days after the ineffective expiration of the notice.
6.3. With the termination of the Subscriber Agreement due to the Subscriber's breach of contract, every payment obligation arising from the contract becomes immediately due.
6.4. The Subscriber may terminate the Subscriber Agreement in writing at any time after the one year of cooperation mutually undertaken with the Provider. The date of termination of the Subscriber Agreement is the first day following the arrival of the written termination at the Provider that is the end of the billing period for the given Subscriber. In this case, the Subscriber is obliged to immediately settle all their due or overdue debts existing at the time of termination.
6.5. The Subscriber may terminate the Subscriber Agreement before the expiration of the one year of cooperation mutually undertaken with the Provider only if they pay all fees due until the end of the one year in one sum, based on the Provider's invoice.
6.6. Upon termination of the Subscriber Agreement, the Provider will send an invoice to the Subscriber for the as yet unsettled and due debt based on the Service.
6.7. The Provider may terminate the Subscriber Agreement in writing at any time after the one year of cooperation mutually undertaken with the Subscriber. The date of termination of the Subscriber Agreement is the first day following the arrival of the written termination at the Subscriber that is the end of the billing period for the given Subscriber.
6.8. The Provider may terminate the Subscriber Agreement before the expiration of the one year of cooperation mutually undertaken with the Subscriber only if the Subscriber pays the remaining part of the service fee proportionally due until the end of the year in one sum as a forfeiture, and hands over the Subscriber's entire website system electronically in an independently functional format (HTML, database files, etc.) on a CD. In this case, the Subscriber is not entitled to other compensation.

7. MISCELLANEOUS AND FINAL PROVISIONS
7.1. The Subscriber acknowledges that the Provider may also involve a subcontractor in order to provide the service. The Provider will indicate the fact of the brokered service on its invoice.
7.2. The Provider and the Subscriber, as well as the Bill Payer, strive to resolve legal disputes arising from their relationship within the framework of their cooperation, with due regard for each other's interests at all times, without resorting to legal proceedings.
7.3. The Provider and the Subscriber submit to the jurisdiction of the court having competence according to the Provider's registered office for the resolution of legal disputes arising between them through legal proceedings.
7.4. Materials uploaded by the Subscriber to the Provider's system remain the property of the Subscriber, regardless of any circumstances (with the fulfillment of their payment obligation). In the event of the termination of the Subscriber agreement for any reason, the Provider is obliged to hand over the materials thus uploaded to the Subscriber in a format that remains usable.

8. ROYALTIES
The broadcasting of any kind of copyrighted works broadcasted on Internet radio and television stations is subject to royalties. The operation of the radio must be reported to the Artisjus, Mahasz, and EJI organizations. PulseHost does not assume responsibility for the consequences resulting from the failure to pay royalties and cannot verify their existence in any form.


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