GRAFACITY VISUAL SERVICES's
GENERAL CONTRACTING TERMS AND CONDITIONS (GTC)Effective date of the updated version: 15 July 2019
Date of the original version: February-March 2019
Current version number: 2.0
Table of Contents:
- Introduction – Preamble
- Official data of Grafacity as service provider
- Definitions
- Conclusion of Training Contracts between the Parties
- Application for the Open Training Programmes announced by Grafacity
- Payment terms and conditions
- Cancellation and modification conditions
- Rights and obligations of the Parties
- Guarantee and warranty for the open training programmes
- Copyright
- Order for other services
- Invoicing and payment terms and conditions
- Confidentiality
- Other terms and conditions of using the services
- Customer service and complaint handling
- Force majeure
- Miscellaneous provisions
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1. Introduction – Preamble
Welcome to the page presenting the General Contracting Terms and Conditions of Grafacity Visual Services (hereinafter: ‘Grafacity’). These General Contracting Terms and Conditions (hereinafter: ‘GTC’) contain the general contracting terms applicable to the services (hereinafter: ‘Service’) offered by Grafacity Kft. and available for our customers (hereinafter: ‘Customer’), especially those pertaining to the applications for various training programmes in visual techniques (hereinafter: ‘Training Programme’) and the contracts established for participation, and also lay down the rights and obligations of the individuals (hereinafter: ‘Applicant’) applying for the training programmes in that framework. Grafacity and the Applicant shall hereinafter be jointly referred to as ‘Parties’.
The provisions of the GTC are regulated by the laws of Hungary.
In compliance with Section 6:77 (1) of Act V of 2013 on the Civil Code (hereinafter: Civil Code), the general contracting terms and conditions of contracts for the following services, concluded after the entry into force of these GTC are as follows:
Any departure from the GTC and information pertaining to specific service or training programmes are included in the contracts concluded between the Parties for the given service or training programme (proposal and/or order). Without those the provisions of these GTC shall apply.
Our Customers will find more information about the processing of their personal data in the Privacy Notice (https://grafacity.eu/adatkezelesi-tajekoztato/).
These GTC are available in Hungarian and in English. In the case of any discrepancy between the versions the provisions of the Hungarian version shall prevail.
The provisions of these GTC apply to any use and registration that takes place on the https://grafacity.eu domain and all its sub-domains (hereinafter: Website)
By using the website the Customer acknowledges and, by applying for a training programme the Applicant declares having read, accepted and acknowledged the conditions included therein and accepting them as binding. If you do not agree with the GTC, please do not use the Website or if an Applicant does not accept these GTC, they cannot apply for or attend the Training.
2. Official data of Grafacity as service provider
Name: GRAFACITY Korlátolt Felelősségű Társaság
Registered office: 1221 Budapest, Honfoglalás út 5, Ground floor 3.
Postal address (Office): 1112 Budapest, Repülőtéri út 6. (Vasvári Industrial Park, Building ‘A’)
Tax number: 23450420-2-43
Represented by/authorised signatory: Szilárd Strenner, managing director
Registering authority: Court of Registration attached to the Metropolitan Court
Company registration number: 01-09-966187
Start of the legal relationship: 21 July 2011
Bank: MAGNET Bank
Bank’s address: 1062 Budapest, Andrássy u. 98. Hungary
IBAN: HU34 1620 0106 0014 6580 0000 0000
Bank account number: 16200106 – 00146580
Statistical code: 2345 0420 72.20 113 01
Statistical sectoral code / TEÁOR/NACE core activity: 7220
E-mail: office@grafacity.eu
Phone: +36-1 / 220-02-91
Mobile: +36-30 / 271-30-53
Chamber membership: Budapest Chamber of Industry (Grafacity Kft.)
Registering authority: Court of Registration attached to the Metropolitan Court
Representative of Grafacity: Szilárd Strenner
High-level qualifications of Szilárd Strenner:
West Hungary University, Applied Arts Institute, Wooden Industry Furniture Designer (2001)
Hungarian Psychodrama Association – Self-awareness group leader (2005)
Károli Gáspár Calvinist University, Mental Health Specialist (2010)
Budapest College of Communication and Business – Organisational Development Consultant (OD) – Thesis: Graphic facilitation (2011)
Other major training attended by Szilárd Strenner:
Christina Merkley (CA) Certified Visual Coach (2011)
ALTEMUS Management Training Programme (2001 – 04)
Voluntary Centre Foundation: Train the Trainers (2006)
Co-trainer: Krisztina Halmai
High-level qualifications of Krisztina Halmai:
Industrial designer (BMGE, 2007)
Rehabilitation environmental engineer (BMGE, 2009)
Other major training attended by Krisztina Halmai:
Trainer 2017
Coach 2017
Outdoor and experimental learning trainer 2017
Grafacity may employ sib-contractors and contributors to perform its services. It informs its customers of any contributor employed in the proposal or after the receipt of the specific order.
3. Definitions
For the purposes of the application of these GTC the terms started with capitals refer to the following concepts:
Visual Techniques Training:
One, two or multiple-day open or in-house skill development training programmes run by Grafacity, where generally facilitator experts can learn and acquire primarily analogue visual techniques, (i.e., methodology) poster and template preparation visual recording, paper-based presentation production and other creative techniques in a practice-oriented programme. More details: https://grafacity.eu/vtk/
Visual Facilitation Service(s):
These are visual services provided mainly for large corporate customers, in the form of visual support to larger events and/or organisation development and strategic design processes or corporate communication campaigns or visual communication solutions prepared for corporate managers, internal advisors and sales officers (see Section 11 for our available services and the required processes).
Bank account:
The bank account stated in the effective contracts of Grafacity and shown on the Website.
Company data:
Legal persons or other organisational Customers need to provide the following data for a contract: company name, registered office, tax number registration number, contact details, etc.
Personal Data:
Mandatory data required for the contract from Customers entering into a contract as natural persons and from natural persons designated for the service or training by a Customer entering into a contract as a legal person or by any other legal person: name, place and date of birth, mother’s name at birth, home address, e-mail address, phone number
Party or Parties:
Grafacity as Service Provider and the natural or legal person or other organisation using the Training or the Service, as Parties to the Contract.
Grafacity Workshop:
The technical workshop and community organised by Grafacity for the trainees who attended Visual Technique training programmes monthly.
Open Training Programmes:
Various Visual Technique training programmes organised by Grafacity, where Grafacity proceeds as trainer and full training organiser, providing a venue, supplies at the venue, the training programme and background support and, defining the training framework. These open training programmes are generally attended by a versatile group of participants: with different background, motivation, qualifications, industry experience and interests.
House Rules and Expectations:
Collection of guidelines and rules promoting effective contact between Training Programmes and Worships organised by Grafacity, the Customers and Grafacity. The currently effective House Rules and Guidelines are included in Annex 1 of the GTC.
Website:
The https://grafacity.eu Website operated by Grafacity and all its sub-domains.
Office and Studio:
The Office Building and Studio creative workshop premises leased and operated by Grafacity. (Premises leased at H-1112 Budapest, Repülőtéri út 6, Vasvári Industrial Park, Building ‘A’) – premises of physical data processing.
Contact or Contracts:
Written Service or Training Contracts between Grafacity and the Party using the Services or Training.
Contracting Customer:
The Party entering into a Service or Training Contracts with Grafacity.
4. Conclusion of Training Contracts between the Parties
4.1 Grafacity declares and the Applicant accepts that unless other regulators or the GTC required paper-based communication between Grafacity and the Applicant, the Parties shall accept communication via e-mail as written communication. The Parties accept that the Contract is based on online cooperation. (Application for Training with an online contract) and therefore the main channels of communication between the Parties include E-mail, the Website and other online tools.
4.2 Applicants may apply for open training programmes organised by the Service Provider as described in the GTC, on the registration platform (form) of the Website.
4.3 When Grafacity confirms the application, the Contract for participation is established between the Parties. The Contract does not qualify as a written contract, Grafacity shall not print it out or register it and therefore it is not accessible subsequently.
Registration for the Training and the establishment of the Contract are confirmed by the following electronic documents: A) completed form with the application data, B) related E-mail and correspondence C) issued Invoice (the latter is also stored on paper among our accounting records).
Grafacity reserves them until the time limit specified in the legal regulations on taxation and accounting. The Contract between the Parties is established in the language of the given service, i.e., in this case in Hungarian or in English.
4.4 Only the Applicant shall be responsible for the accuracy, timeliness and veracity of the data supplied during registration. Grafacity rejects any liability for any loss or damage which is the result of an error in the completion of the application, i.e., a typing error, or supply of inaccurate and false data. Requests for the modification of data in the submitted applications may be submitted by e-mail addressed to office@grafacity.eu.
5. Application for the Open Training Programmes announced by Grafacity
5.1 All interested parties may find out more about the Open Training Programmes announced on the Website on its respective page (http://grafacity.eu/vtk/). Frequently asked questions are included in the page that provides more information about the given training (http://grafacity.eu/vtk-next/). Should you have any further question, please contact us by e-mail at office@grafacity.eu.
5.2 Information is available on the participation fee of the individual Open Training Programmes until the respective payment deadline on the sub-page of the Website promoting the Training programme on the campaign page. All participation fees are shown as net amounts (on which 27% VAT is charged). The full ordinary participation fee charged to all customers who generally delegate internal advisors and to whom invoices may only be issued after a programme, based on the documentation of participation and the presentation of a signed performance certificate following the trailing programme.
5.3 Interested parties will find information on available discounts (organisation membership, fulltime student status, group application, discount code, etc.) also on the page presenting the given training programme or in the information presented when the discount was obtained. Multiple discounts cannot be applied simultaneously (combination of discounts). Discounts may be applied to the participation fee for the period during which the payment is received.
5.4 Grafacity reserves the right to change the participation fee of Open Training Programmes as all changes become effective simultaneously with their publication on the website. The changes do not affect detrimentally those Applicants whose application is already in progress at the time of the change. Grafacity always applies (invoices) the participation fee that is stated on the Website as the net participation fee for the respective payment deadline in the given period at the time of the submission of the application.
5.5 If erroneous information is published on the Website or a leaflet or any social media platform concerning the participation fee of any open training programme, Grafacity shall not be obliged to allow the Applicant to participate in the programme at the erroneous price. If that happens, the Applicant may be offered to participate in the programme and the pay the full actual participation fee or the interested party may cancel the application, in which case 100% of any previously paid participation fee shall be refunded to them.
5.6 Grafacity reserves the right to consider an application for a given training programme valid if the Applicant answered all questions on the given application form or Online form and had completed all fields. Grafacity shall not be liable in any way for any delay, problem or mistake resulting from erroneous or inadequate completion of the application form.
5.7 Grafacity reserves the right to reject certain applications when there is a conflict of competitive interests.
5.8 The application process
5.8.1 The Applicant applies for the respective Open Training by competing the form on the Website.
5.8.2 Each Applicant must provide the following data: Full name, Workplace, Phone Number, Any Discount (Code) E-address, Company name, Invoicing and Postal Address, Paper copy of the invoice required, Motivation, Other important information.
5.8.3 Once the Applicant has submitted the data and completed the form and clicked on ‘I have understood and accepted the Privacy Notice’ and ‘I have understood and accepted the General Contracting Terms and Conditions’ buttons the accept all provisions of the currently effective Privacy Notice and these GTC available on the Website.
5.8.4 As soon as the Applicant presses the ‘Register’ button they will have a payment obligation.
5.8.5 Grafacity sends confirmation to the Applicant after registration or not later than within 2 working days, to the E-mail address provided in the application form with the data submitted during the application.
5.8.6 When there are too many applicants, the Applicant is put on a Waiting List, from which they can become one of the participants if a registered participant cancels the registration. An Applicant be added to the Waiting List by paying 50% of the participation fee for the respective training, which
A) the Applicant may use for participation in the given training programme by becoming a participant and payment the outstanding fee instalment,
B) may be included in the participation fee for the subsequent or another training programme if the Applicant remains on the waiting list (i.e., will not become a participant of the given training) or
C) may be refunded in 100% when the applicant cancels the request for participation in the given Training programme indication to participate.
5.8.7 Whenever an Applicant finds an error among the data provided by them, they may request correction by e-mail at office@grafacity.eu.
5.8.8 Grafacity will send an invoice with VAT for the transfer of the participation fee in the specified format and to the given address after the registration ort not later than within 2 working days and that Invoice should be paid before the deadline.
5.8.9 If no confirmation is received within 48 hours, the Applicant’s binding obligation for the proposal and any other obligation shall automatically cease to exist without any further condition. In that case, the application, the payment of the Participation Fee and the attendance of the Training Programme are not compulsory either.
5.8.10 If a Participant fails to pay the total gross Participation fee for the given Training Programme by the deadline set by Grafacity, Grafacity may consider it the cancellation of the Contract.
5.8.11 Grafacity shall notify the Applicant of the final and effective application following the receipt of the Participation fee by E-mail.
6. Payment terms and conditions
The Applicant may choose one of the following payment options:
6.1 The Participation fee may be paid on the basis of the invoice with GAT issued by Grafacity by bank transfer into the specified bank account, alternatively,
6.2 The participation fee can also be settled with an online Bank card payment transaction operated by Borgun on the Website. In the latter case, the Applicant may pay the actual full participation fee simultaneously with the Registration, thus guarantying a place in the Training Programme. Grafacity sends an Invoice with VAT certifying the payment within maximum 2 working days. The online card payments are managed on the platform operated by Borgun. The information on Borgun card payment is available on the following link: https://b-payment.com/hu/
6.3 The date of payment of the Participation Fee is the day when the total amount of the participation fee is credited in Grafacity’s bank account.
7. The rules of modification and cancellation
Grafacity accepts cancellation and request for modification relating to the Training Courses in writing: by E-mail sent to office@grafacity.eu or by post addressed to Grafacity Kft. 1221 Budapest, Honfoglalás út 5 / 3, containing a clear statement of cancellation.
7.1 Cancellation of Training
7.1.1 Participation may be cancelled free of charge up to 30 calendar days prior to the start of the Training Programme for an Administration Fee of net HUF 5,000 (i.e., gross HUF 6,350)
7.1.2 If an Applicant cancels the application between 30-15 calendar days prior to the start of the training Programme, Grafacity may charge 50% of the full participation fee of the Training Programme to the Party ordering the Training and accepting to pay the participation fee thereof.
7.1.3 If an Applicant cancels the application within 14 calendar days prior to the start of the training Programme, Grafacity may charge 75% of the full participation fee of the Training Programme to the Party ordering the Training and accepting to pay the participation fee thereof.
7.1.4 If an Applicant does not attend the course without any written indication, Grafacity may charge the full participation fee of the Training Programme to the Party ordering the Training and accepting to pay the participation fee thereof.
7.1.5 In the case of cancellation, Grafacity refunds the received payment less the administration and cancellation fee.
7.1.6 An amount already paid to Grafacity may be credited in the participation fee of another subsequent training programme if the interested party submits a new registration.
7.2 Modification of the Training Date
7.2.1 Net HUF 5,000 (i.e., gross HUF 6,350) administration cost / modification fee is charged for the modification of the Training Date.
7.2.2 A paid Training Date may be modified on maximum 3 occasions.
7.2.3 If a Participant cannot attend the second or third day of the Training Programme, they can make up for the missed day in another Training Programme. In this case the participation fee cannot be refunded. Please, indicate any intention to make up for any missed training day(s) by E-mail sent to office@grafacity.eu.
7.3 Modification of the Training Participant
7.3.1 If for any reason the Participant attending a Training Programme from a given organisation is not the participant who submitted the original application, Grafacity should be notified about it immediately by E-mail sent to office@grafacity.eu.
7.3.2 If there is an exchange in Participants, the new participants should also registered for the Training by completing the Online Form. The new participant should clearly specify the previously registered participant they are replacing in the remark field.
7.3.3 The change become valid and effective when it is confirmed by Grafacity.
8. Rights and obligations of the Parties
8.1 Rights and obligations of the Applicant
8.1.1 The Applicant has the right to actively participate in the full training process: test all available equipment, ask questions, express an opinion, make proposals, evaluate their own solutions and solutions of other participants, take part in shared work, prepare notes, take photos and videos of notes and, with the consent of the respective training participants, posters, and use own notes and the distributed materials (manual, photocopies, exercise books) for their own learning purposes, take part in the group’s online (social media) with uploads and by commenting on their own work and the work of others.
8.1.2 The Participant may not adopt or digitise the contents of the distributed Training Manual. It is prohibited to copy, sell, land, hire or lease the distributed training manual. Participants shall not have the right to transfer their rights to others.
8.2 It will trigger expulsion from the Training when a Training Participant
8.2.1 exhibits any deliberate conduct that infringes or damages the rights or legitimate interest of the other Participants or trainer, contributor or Grafacity,
8.2.2 records the trailing, or any part thereof, instructions, presentations, etc., on any audio or video devoices without Grafacity’s written permission,
8.2.3 exhibits any conduct on the private common online or any other online platform of the Trailing that severely or repeatedly disturbs the Training, the trainer or any participant and therefore impedes the training process.
8.2.4 These events may trigger the immediate interruption of the involvement of the Participant and expulsion from the Training.
8.2.5 In such cases, Grafacity cannot be obliged to refund the participation fee.
8.3 Rights and obligations of Grafacity
8.3.1 Grafacity may deny participation to any Applicant whose participation fee is not credited on Grafacity’s Bank Account by no later than one day prior to the Training.
8.3.2 Grafacity has the Right to cancel a Training Programme if the number of participants is less than required for ideal learning conditions (8 people) or when the trainer is impeded in the delivery of the Training (illness, accident or other Force Majeure). If that happens, Grafacity informs the Applicants electronically, by using their provided E-mail addresses, as soon as possible and designates a new date for the training. Grafacity shall refund 100% of the paid participation fee to participants for whom the new date is not acceptable, within 8 calendar days from the date of notification.
8.4 The participation fee of open training programmes includes: room rental, use of materials and devices, gift tools, trailing manual and exercise book, personal consultation with the trainers firing the training, access to the online platform of the training, unlimited buffet use, and a certificate of the training confirming the fulfilment of the training requirements.
9. Guarantee and warranty for the open training programmes
9.1 Grafacity provides full, 100% cash refund guarantee to the participants of its Open Training Programmes. If a participant of any Training Programme is dissatisfied for any reason, they can have a warranty claim against Grafacity pursuant to the provisions of the Civil Code.
9.2 The participants can have the following warranty claims:
9.2.1 They can claim participation in the repeated, i.e., subsequent open training of the same type organised by Grafacity free of charge.
9.2.2 They can claim participation in a different training programme and inclusion of the participation fee paid for the original training programme in the fee of that programme. The difference between the participation fees is payable by the Applicant.
9.2.3 The Applicant may claim refund of the full participation fee of the training programme. If the Participant choses the refund of the participation fee of the training, they shall return the Training Manual, the received tools by post and, once they have been received, the Grafacity shall refund the paid participation fee with a ‘minus’ invoice with the subsequent 30 days. Grafacity uses the method selected by the Participant at the time of the payment for the refund of the participation fee, unless the Participant expressly requests another method. The Participant shall not have any additional cost for that solution.
9.3 A training participant may submit a guarantee claim within maximum two weeks (fourteen calendar days) after the training. Natural person participants may not enforce any guarantee claim against Grafacity beyond the 2 (two) years time limit calculated from the Training.
9.4 If a contract is concluded with a legal person or another organisation, the Participant may enforce warranty claims against Grafacity within 1 (one) year time limit.
10. Copyright
10.1 In any open training organised by Grafacity the printed and electronic materials distributed to Participants, i.e. the training manual, exercise book, photocopies (handouts) video materials, publications, presentation, audio recordings and all components thereof are protected by copyright, held by Grafacity Grafacity reserves the right to record, copy, multiply and distribute its intellectual properties with any method or technique. Other than the private use granted under these GTC, Grafacity reserves all other right to intellectual property.
10.2 Grafacity grants a non-transferable and non-exclusive user licence to the Participant to use the tools handed over, presented and used at the training (manual presentation, etc., Intellectual property) only for their own personal purposes and only for the intended use of the respective items. Participants may not copy, loan, save, multiply, distribute, hire out or lease such intellectual properties and shall not have the right to transfer the rights arising from these GTC to any third party either. It was strictly prohibited to sell, distribute in trade the Intellectual Properties of Grafacity on any paper or electronic medium. Furthermore, it is prohibited to transform the Intellectual Properties and use them in any other form, or integrate them into any other work, publication or website in electronic or in any other form.
10.3 Grafacity may also withdraw the right to personal use of its intellectual properties from the Participant if the Participant violates the provisions of Section ‘10.2’. If that happens, the Participant shall destroy all copies, additional copies and components of the intellectual properties of Grafacity, prepared and possessed by them.
10.4 The members of Staff and sub-contractors of Grafacity may place their logo in the visual solutions created by Grafacity (Posters, visual notes, templates, Big Pictures, Paper presentation, etc.) in the button left corner of the posters (in maximum 14 cm size) and the contributors in the production of a given visual took can also display their natural names on the posters.
11. Order for other services
11.1 Current services
Visual recordings: on paper and digital devices (tablet),
Visual recording on foam boards and building visual recording towers from them,
Executive visual recording,
Live illustration projected analogue – digital facilitation,
Community drawing,
Templates – Individual graphic job sheet design and production,
Electronic documentation (PDF ‘E-book’-s),
Visual design of large corporate events,
Time-lapse (Explainer videos) ‘White-board’ animation video films,
Big Pictures( Rich Pictures) – Corporate Future Vision, Corporate History, Value Map, Strategy,
In-House Visual techniques Training,
Visual team building,
Visual facilitation,
Preparation of paper and other visual presentation tools (posters),
More information is available on the services listed above on the Website and in our actual portfolios.
11.2 Inquiry and request for proposal
Use primarily our website to inquire about our Services and ask for a proposal: https://grafacity.eu/kapcsolat/
The Services can be used according to the terms and conditions state din the proposal effective at the time of the request for it.
The process of requesting a proposal
1) The Inquirer contacts Grafacity and asks for a proposal. We ask all our Customers to let us know if they have a preferred trainer.
2) Grafacity contacts the party requesting the proposal and they clarify the details of the event and programme: venue, duration, time, number of participants, programme structure, objectives, possible solutions, etc.
3) Grafacity prepares and sends the professional proposal to the Inquirer.
4) The Inquirer indicates the intention to place an order in writing (E-mail).
5) The Parties discuss all necessary details on the phone or at a meeting.
*If not all necessary information is available about the programme, Grafacity will send a preliminary price estimate based on which the Inquirer can already estimate the resource requirements.
After the important needs have been clarified, Grafacity prepares the final proposal and settlement.
For a complex project Grafacity may also send a calculation with a price range, based on which the Customer can make a decision and Grafacity can send a statement of settlement to the Customer for each project milestone.
Grafacity indicates all other costs and the method of the settlement thereof in the proposals:
– Special material and device requirements,
– Board rental,
– Transportation and travel,
– Printing, lamination, mounting,
– Studio rental (film and audio technique) etc.
For full day events or consultations (especially projects abroad) w request full-board and accommodation for our involved members of staff and sub-contractors, at the venue whenever possible.
Grafacity charges a ‘standby fee’ ‘for the days of travel to events held abroad and indicates the exact cost thereof in the respective proposal.
Grafacity does not deem orders real assignments, for which the proposal is held for a long time by the Inquirer even if there is a specific event date. Grafacity has the right to give a proposal for the same time/period for other inquirers and agree to deliver them.
Grafacity considers orders confirmed in writing via E-mail and placed on the basis of the sent price proposal as projects to be implemented and will dedicate resources for it.
11.3 Urgency fee
On the basis of the performance deadline (and the first day of visual contribution, i.e., the first day of the event) and the receipt of the written order for the proposed services and ‘Urgency’ fee may also be charged. The urgency period related to various types of services is indicated for each service:
11.3.1 – 5 working days:
Visual recording: on paper and foam boards,
Live illustration,
Community drawing,
It is always a service charged with an urgency fee when 5 (five) or fewer full, ‘clear’ working days pass between the written order and the first day of the event. (If preparations are needed one day prior to the event, (day ‘zero’) it already counts as a day of the event)
________________________
11.3.2 – 10 working days:
Executive and Digital visual recording,
Templates – Individual graphic job sheet design and production,
Visual design of large corporate events,
It is always a service charged with an urgency fee when 10 (ten) or fewer full, ‘clear’ working days pass between the written order and the first day of the event.
(If preparations are needed one day prior to the event, (day ‘zero’) it already counts as a day of the event)
________________________
11.3.3 – Also 10 working days:
Production of electronic documentation (PDF ‘E-book’-s)
It is always a service charged with an urgency fee when 10 (ten) or fewer full, ‘clear’ working days pass between the last day of the event and the deadline for the submission of the (PDF) E-book ‘documentation’.
________________________
11.3.4 – 15 working days:
Big Pictures – Corporate Future Vision, Corporate History, Value Map, Strategy etc, preparation
Preparation of paper and other visual presentation tools (posters),
Joint design and implementation of visually facilitated events,
Design and implementation of visual team building events,
It is always a service charged with an urgency fee when 15 (fifteen) or fewer full, ‘clear’ working days pass between the written order and the first day of the deadline for submission of Visual tools. (If preparations are needed one day prior to the event or the submission, (day ‘zero’) it already counts as a day of the event or submission)
________________________
11.3.5 – 20 working days:
In-House Visual techniques Training,
It is always a service charged with an urgency fee when 20 (twenty) or fewer full, ‘clear’ working days pass between the written order and the first day of the event. (If preparations are needed one day prior to the event, (day ‘zero’) it already counts as a day of the event)
________________________
11.3.6 – 60 calendar days:
Time-lapse (Explainer videos) ‘White-board’ animation video film production,
It is always a service charged with an urgency fee when 60 (sixty) or fewer full, ‘clear’ calendar days pass between the written order and the deadline for submission of animation video film.
________________________
The Urgency Fee always applies only to the services that fall within the urgency range within the given project.
12. Invoicing and payment terms and conditions
12.1 Service and Participation Fees
Our Customers are obliged to pay fees for the use of the services on the basis of the price proposal constituting the basis of the order or the currently effective prices displayed on the website (Website). All indicated prices are net prices, which do not contain value added tax (VAT). Invoices are issued with VAT to Customers registered in Hungary or outside the European Union.
12.2 Invoicing
Following the use of the services, Grafacity prepares a Project Settlement and sends out the invoice containing the price of the used services and other costs. Grafacity issues the invoices as electronic invoices, regulated win Section 175 of Act CXXVII of 2007 on Value Added Tax, or on paper, when specifically requested by our Customer, with a stamp and a signature.
Grafacity also has the right to issue pro forma invoices for extended projects (E.g., Time lapse / Animation Video films) or large projects (E.g., projects outside Hungary or orders covering a number of parallel processes).
Whenever a meeting is organised with the members of staff of Grafacity, Grafacity shall have the right to invoice a preparation fee to the Customer, regardless whether or not the prepared project was implemented.
Grafacity shall also have the right to invoice to the Customer projects, cancelled in part or in full, during implementation or prior to the event. The settlement is such cases is based on the balance reflecting the detailed costs that incurred so far and the working hours, which will then constitute a basis of the invoice.
12.3 Payment deadlines and modes
The Customer must pay the service fee and the costs indicated in the settlement and in the invoice on the basis of the invoice in cash, by bank transfer or with online bank card payment in Hungarian forints, by the specified payment deadline. When payment is made in a different currency, the additional costs of conversion shall be funded by the contracting customer.
You may request online bank card payment by E-mail sent to office@grafacity.eu. Grafacity sends an Invoice with VAT certifying the payment within maximum 2 working days. The online card payments are managed on the platform operated by Borgun. The information on Borgun card payment is available on the following link: https://b-payment.com/hu/
Grafacity shall not be liable for any loss arising from the use of online bank card payments. When online bank card payment is selected, the online bank card service provider’s own payment terms and conditions shall be applied and the data required for such payments shall be processed according to the provisions of the privacy notice of the service provider offering the option of bank card payments.
For any payment delay, Grafacity shall be entitled to default interest for each day of delay at the rate specified in Section 6:48 of the Civil Code in the case in the of natural person participants and at the rate specified in Section 6:155 of the Civil Code in the case of legal persons or other organisational customers.
13. Confidentiality
During its business relationship with Customers Grafacity was granted access to data, confidential business secrets and/or information processing system of its partners, members of staff and other partner companies thereof.
Business secret includes especially intellectual properties and ideas protected by law (patent, know how, etc.) and not protected by law (e.g., ideas and concepts relating to the business operation and activities of the Company) obtained by Grafacity but constituting the property of our Customers, as well as information and business data relating to the business operation and business relations of our Customers and obtained by Grafacity in relation or outside the services provided to our Customers, as well as any other data and information deemed or justifiably considered as business secret by our Customers.
In order to maintain data security, Grafacity undertakes the following obligations:
– restrict to minimum the number occasions of access,
– use only technical devices and the rights stated in the authorisation, and only for the implementation of the given project.
– refrain from any actual or attempted access to data or systems that are outside its scope of authorisation,
– take all reasonable efforts to prevent third parties from having access to Grafacity’s encrypted data warehouse or the networks of its Customers, exploiting Grafacity’s equipment and user rights,
– refrain from any conduct that would impose a threat to the business interests of its Customers,
– ensure protection of all data obtained during the implementation of the assignment from third party access and full protection of data against access and store data after the completion of tasks until further processing at a safe place, protected against access,
– treat the contents of any internal agreement with Customers and any communication made in any way with them (meeting, correspondence, phone calls, etc.) as confidential information,
– notify immediately the Data Protection Manager of our Customers whenever any data loss incident or information security fraud is suspected.
Further data protection obligations:
All members of staff and sub-contractors of Grafacity shall comply with the data protection provisions of the law, i.e.,
– agree in writing with all employees involved in the processing of personal data on compliance with the data protection rules laid down in this document,
– limit the processing of personal data only to the purposes agreed in writing,
– use information received from our Customers during the contractual period only for the purposes stated in the contract and to handle all information confidentially. The confidentiality obligation shall also remain after the expiry the contract until the disclosed data become part of the public domain or the customer orders otherwise in writing.
– refrain from making illegal copies, quotations and extracts (even for own purposes) during implementation and subsequently, unless the Customer provides otherwise in writing.
– ensure for the Data Protection manager of our Customers that all statutory requirements for data protection and information security are fully complied with by Grafacity.
14. Other terms and conditions of using the services
14.1. Intended exercise of rights
While exercising the rights arising from the signed contract, each Grafacity Customer shall fully comply with the legal regulations and the provisions of the given house rules and proceed in accordance with the requirements of the intended exercise of rights, by also into taking into account the legitimate interest of Grafacity and its other Customers (Participant).
14.2. Suspension of the services
Grafacity shall have the right to unilaterally suspend services in progress towards any Customer if the Customer fails to fulfil any payment obligation under any title to Grafacity within the respective payment deadline. Grafacity shall always inform the Customer of the suspension of the Services referred to in this section via E-mail, indicating the specific reason for the suspension. The suspension referred to in this section shall automatically cease to exist when the expired obligation constituting the reason for it has been fulfilled and the given service shall be supplied and will continue the supply of the given service and production of the visual product.
14.3 Use of image and video recordings made at Grafacity’s own events or at Customer programmes for marketing purposes
Grafacity has the right to make image and video recordings at its own events. Employees delegated by the Customer to Grafacity events and natural persons involved in Grafacity services give their express consent to Grafacity’s making image and video recordings of the Customer and the Customer members of Staff and to use them without any further limitation in order to promote its services by entering the venue of the event, as it qualifies implying conduct. When the recordings are actually used, the person featured in the recording shall not be entitled to any royalty or other consideration.
For more details see Section 7.14 of the Privacy Notice (https://grafacity.eu/adatkezelesi-tajekoztato/).
14.4 Contact
The Parties shall maintain contact primarily on the phone and via E-mail. The Customer must specify the phone number and E-mail address on which they can be continuously contacted and notify Grafacity immediately of any change. The Email address to be used at Grafacity is office@grafacity.eu. Either party shall have the right to send any declaration or notification by post, with a record of delivery, instead of opting for the electronic channel. The Customer shall regularly keep available the address of the registered office and the postal address stated in the contract and inform Grafacity immediately of any change therein.
The postal address of Grafacity is displayed on the contact page of our Website (https://grafacity.eu/kapcsolat/#hiv-adat).
15. Customer service and complaint handling
15.1 The Inquirers and Applicants may send their questions and remarks about the advertised Trainings, the contents of the Website and events and registration published on social media interfaces by E-mail to the Customer Service at office@grafacity.eu.
15.2 If an Applicant or Participant or Customer has any complaint or question about the services provided by Grafacity they can contact the Customer Service by e-mail at office@grafacity.eu. We shall respond to the indicated problems within 5 working days and will inform the Applicant, Participant or Customer in writing of Grafacity’ response and options by using the contact details provided by them.
15.3 Other appeal options: if any consumer legal dispute between Grafacity and a Customer, Participant or Inquirer cannot be resolved through negotiations, the Applicant, Participant and Inquirer qualifying as a consumer, i.e., natural person, may turn the Arbitration Board competent according to address or place of residence, and may request their procedure.
Customers, Participants and Inquirers can also turn to the Arbitration Board competent according to Grafacity’s registered office and can exercise the following law enforcement options.
– Nemzeti Fogyasztóvédelmi Hatóság (Hungarian Authority for Consumer Protection), (Budapest, József krt. 6, 1088) postal address: 1428 Budapest, PO Box: 20. Phone: +36-1 / 459 4800
– Request a procedure at the Arbitration Board (Arbitration Board of Budapest) (Address: Budapesti Békéltető Testület 1016 Budapest, Krisztina krt. 99.) Phone: 06-1-488-2131 E-mail:
– File a case with the Court.
Non-governmental organisations, churches, condominia, housing associations, micro and small enterprises that purchase, order use, relies on goods or services or are the recipients of any communication or proposal relating to the goods also qualify as consumers.
15.4 The Parties shall take all reasonable efforts to resolve any dispute through negotiations.
16. Force majeure
Grafacity has the right to cancel the service if the contributing employee or Sub-contractor is impeded in the supply of the service (illness, accident or other Force Majeure). A Force Majeure is any extraordinary event that occurs after the conclusion of the contract, which could not be foreseen or prevented by Grafacity within its scope of interest and is not the result of Grafacity’s own fault or negligence. Such events include especially, but not exclusively the following: war, revolution, strike, fire, flood, epidemic, natural or weather disaster, earthquake, traffic accident, etc.
If that happens, Grafacity shall notify the Customer electronically, on the specified E-mail address (and/or by phone) as quickly as possible and shall do its best to minimise the avoidable losses and, in an ideal case, to replace any ‘unavailable’ visual contributing employee.
17. Miscellaneous provisions
17.1 Grafacity shall take all reasonable efforts to operate and update the Website and to ensure the authenticity of the data included in it and maximum safety of its operation. Nonetheless, Grafacity shall not assume any responsibility or guarantee for the security of the Website, or that is free of virus, spy and other harmful programmes, its accuracy, or continuous, uninterrupted operation. We recommend our Users to use authentic, regularly updated virus and spy program filtering software product on their personal computers, phones and to make sure that their operating systems are updated primarily for security purposes. Grafacity assumes that the users of the Website are in possession of the necessary knowledge of use, options, limitations and operation of computers, smartphones and the Internet and the acceptance of the occurrence of potential errors.
17.2 Grafacity shall not be held liable in any case for any damage occurring in the computer systems of the Users (Website visitors) in relation to browsing on the Website. If that happens, the inquirer is responsible for the secure operation of their computer and data storage unit and for the required backups.
17.3 Grafacity sends an E-mail to the inquirers and registering parties after each registration application and request for a proposal. Grafacity shall not be held liable for any discomfort of damage occurring in the following cases:
17.3.1 Fault in the User’s computers or fault of the Internet (modem, Wi-Fi, etc.) units, Internet interruption.
17.3.2 The registration has not been received for any reason.
17.4 With regard to registration on Grafacity Website and applications for the Training programmes, the following legal acts, regulations and rules shall apply:
– Respective provisions of Act V of 2013 on the Civil Code,
– Government Decree 45/2014 (26 February) on the detailed rules of contracts between businesses and consumers when the consumers are parties to the contract,
– Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services (‘Ektv.’);
17.5 Effect and modification of the GTC
17.5.1 These GTC (version 1.0) are for an indefinite period. They are effective until they are modified or withdrawn. Grafacity shall have the right to unilaterally amend the GTC, which will take effect as soon as they are published on the website. Grafacity Kft. reserves the right to modify or change information about the described services, programmes and products at any time, without any prior notification, including articles, posts, newsletters, memos, guidelines, photos and brand names.
17.5.2 The managing director of Grafacity shall have the right to establish and modify the GTC.
Budapest, 15 July 2019
Szilárd Strenner
Managing Director
___________________________________________
Annex 1 of the GTC
Guidelines and rules promoting the implantation of Training Programmes and Workshops
Most frequently used guidelines of our Training Programmes:
Take part with full attention!
Help keep an order!
Ask and encourage the others to ask questions!
Use the Buffet, and make sure that you drink enough!
Manage waste selectively!
If you need to earlier, say good bye in the break and leave without disturbing the others – when you need to!
Respect the allocated breaks and lunchtimes!
