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General Terms of Service

The following terms apply to all services and products sold to consumers on the www.aida64.co.uk website by ABSEIRA Ltd. (registered office address and central place of operation and customer service: 1106 Budapest, Örs vezér tere 25. C ép. 4. em., registered under company no.: 01-09-947083 by the Budapest-Capital Regional Court as Company Registry Court, tax no.: HU22971074, www.aida64.co.uk, e-mail address: sales@abseira.com, hereinafter: ABSEIRA). „You” or „Your” refers to the person who has placed an order to purchase products on the website. The products may only be ordered electronically on the present www.aida64.co.uk website („Website”).

If you are a reseller then this contract does not apply to you.

Please read these General Terms of Service carefully. By placing an order on the Website, you agree to present contract under the conditions described herein. The present contract does not affect the rights and entitlements that you enjoy as a consumer. Present contractual terms are only applicable for sales in the territory of Hungary. This contract does not contain any reference to any code of conduct.

The present contract is considered a distance contract concluded between the parties in accordance with Government Decree 45/2014 (II.26.) on the detailed regulation of distance contracts concluded between consumers and undertakings, for which contract Hungarian law shall be applicable; the language of the contract is Hungarian.

1. Order and payment methods

1.1. On the Website, it is possible to purchase or extend license rights for downloading the AIDA64 software for a period of at least one year (365 days). Registration is not necessary for making a purchase.

The purchase is made on the Website. If you are purchasing an AIDA64 product for the first time or if you wish to renew or expand your close-to-expiry or expired license you will have to go to the “Purchase” page on the Website and click the button corresponding to your choice.

1.2. You will then be able to customise the product, and extend the default maintenance period or select a discount if you are eligible.

1.3. On the website you can pay using the secure payment system of PayPal or Barion with a bank card or using a prepaid account, and in case of business products, by advance bank transfer as well. The merchant does not have access to the bank card details.

The payment service provider Barion Payment Zrt. is subject to oversight by the Hungarian National Bank. Its license number is: H-EN-I-1064/2013.

If you settle the purchase price of the product at the time of placing the order, the electronic license and the electronic invoice, downloadable from the e-invoicing system of Billingo in pdf format, will be sent to your e-mail address within a few minutes. As the invoice has already been settled, no payment is due.

1.4. In the case of bank transfer, after placing the order we will email you an invoice downloadable in PDF format via the Billingo e-invoicing system, and you need to transfer the amount according to the payment terms and quoting the invoice number as reference to our bank account. The bank transfer transaction fees are always borne by the Customer. We can only accept the exact amount.

We only accept OUR transfer type, which means that the Payer (sender of the payment) will bear all payment transaction fees, thus guaranteeing payment of the full price of the product.

Your order will only be executed after the purchase price has been received and successfully identified. After executing a bank transfer payment, no new invoice shall be sent, and the original invoice you received is the final invoice.

We will send an e-mail containing the product keys required for the use of the product to the e-mail address you specified when placing the order.

1.5. You explicitly consent to electronic invoicing as the means of invoicing and to the delivery of the invoice by e-mail. An electronic invoice shall be considered delivered upon receipt of the e-mail containing it in your e-mail account.

1.6. Our invoice is always issued to the name of the end-user specified in the order and can only be sent to the billing e-mail address specified in the order.

1.7. Our electronic invoices contain a time stamp for advanced authentication and in according with the current legislation. The time stamp is to certify the exact date when the invoice was issued and to prove that the document already existed on the specific date. Time-stamped invoices cannot subsequently be modified or erased without damaging them.

1.8. The order you submit electronically constitutes your intention to purchase products from ABSEIRA in accordance with the present terms.

The acceptance of your order by ABSEIRA becomes effective when we send a confirmation of your product purchase to the e-mail address you specified.

1.9. ABSEIRA’s above electronic contract constitutes a written contract, which is electronically registered in ABSEIRA’s system and a paper copy of it is archived as well in order for the parties’ intention to be retrievable.

1.10. ABSEIRA accepts no liability for any damage arising from incorrect e-mail addresses and other incorrect data provided by the customer.

1.11. For any further questions about your order, ABSEIRA staff are at your disposal at the e-mail address sales@abseira.com.

2. Prices, payment conditions, discounts

2.1. The prices of products are the prices displayed at the time of placing the order on the Website and on the order confirmation page, unless otherwise agreed.

2.2. ABSEIRA reserves the right to revoke any discounts and/or modify any product’s purchase price on the Website at any time before accepting the order. The documents required for determining eligibility for discounts have to be uploaded via the customer order form of the ABSEIRA web store; otherwise no discounts will be applied.

2.3. You will only be able to proceed with your orders with a discount after your application for a discount has been approved. In case it is rejected, the order must be resubmitted with the right documents. Proof of eligibility for a discount must be provided at the time of placing the order, we cannot apply any discount once the order has been completed.

Upon entry into force of the present General Terms of Service the following discounts are available:

2.3.1. Discounts for individuals

From the prices of AIDA64 Extreme and AIDA64 Engineer we offer a 30% discount to students. To place an order with a discount, you will have to upload a copy of the front and back of your valid student ID or any other document certifying your student status so that we can verify your eligibility for the discount. You can upload the documents certifying your eligibility via the customer order form.

The uploaded documents will be checked manually after you have placed your order, which may take up to 48 hours. If you upload an invalid ID, someone else’s data or a document containing false data, your order will be cancelled and your payment will be refunded instantly.

In the case of orders with a discount, the license and the invoice can only be issued to the name of the authorised individual. If your student ID expires during the validity of the license, you can continue to use the license, but you will not be entitled to the discount anymore when you renew the license.

If you purchased a product with a student discount, you will not be able to pay by bank transfer.

2.3.2. Discounts for educational institutions, non-profit organisations

From the prices of AIDA64 Engineer, AIDA64 Network Audit and AIDA64 Business, we offer a 30% discount to educational institutions and non-profit organisations.

If the name of the institution expressly refers to its activity (kindergarten, school, non-profit etc.) there is no need to justify eligibility. In other cases, you will have to upload the following documents at the time of placing the order to prove your eligibility:

  • Statutes or articles of association
  • Court decree or other document that justifies the registration by the authorities

The discount is not applicable to employees of institutions (e.g.: teachers, other staff etc.).

2.4. Payment of the product’s purchase price can only be made by using one of the payment options provided on the Website. The purchase price of the product is displayed on our website and on the order confirmation page, beyond this you will not be charged any other fees.

2.5. Rules on rounding: we kindly ask you to pay the exact amount when settling our invoice via bank transfer. If you fail to do so, we will handle the differences the following way: any overpayment under $3 is treated as a rounding difference. In the case of overpayments exceeding $3, we will contact you and refund the excess amount after deducting the applicable transfer fees via bank transfer.

If you transfer less than the purchase price to our account, the invoice shall be considered unpaid until full financial settlement.

3. Order cancellation, withdrawal, complaints

3.1. Unless you and ABSEIRA have agreed otherwise, ABSEIRA will execute the contract, i.e. the product key of the ordered product will be sent to you and the product will be made available for use for the duration of the maintenance period you chose.

You have the right to withdraw from the contract without justification within 14 working days.

Likewise, you are entitled to terminate the service contract without justification within 14 days even while the execution of the service is still in process.

If you wish to exercise your right of withdrawal/termination, you must send an express statement of your intention to withdraw from/terminate the contract by mail to the registered address of ABSEIRA Ltd. - 1106 Budapest, Örs vezér tere 25. C ép. 4. em. or via electronic mail to the following e-mail address sales@abseira.com.

For this purpose, you may want to use the following withdrawal/termination template. Should you decide so we will confirm the receipt of the withdrawal/termination without undue delay via electronic mail.

Withdrawal/Termination template (only if you intend to withdraw from/terminate the contract)

„Undersigned hereby declare, that I/we wish to exercise my/our right of withdrawal from/termination of the contract concluded for the provision of the below services:

Date of concluding the contract/date of receipt:

My bank account number to which I request the refund of the purchase price:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (solely in cases of submission on paper)
Signed”

You exercise the right of withdrawal/termination within the deadline if you send the withdrawal/termination notice within the above mentioned time period.

3.2. Legal effects of withdrawal/termination

If you withdraw from this contract we will refund all contributions, i.e. the purchase price paid by you, without undue delay but not later than within 14 days following the receipt of your withdrawal notice.

3.3. If you have requested that the service be executed during the notice period, in case of termination ABSEIRA is entitled to charge the amount due for the provision of services up until the date of termination of the contract. Similarly, we will refund that fraction of the purchase price you paid which exceeds the value of the service provided thus far.

3.4. In the event of withdrawal or termination, the product key you were given will be revoked and the invoice will be rectified.

3.5. Complaints

If you have any questions regarding the installation and operation of the software, prices or product purchase, you may contact us in the following ways:

Via e-mail: at the address sales@abseira.com (we will answer within 48 hours)

4. Data protection

Our conditions on data protection in full are available in the latest version of the Privacy Policy .

5. Unauthorised products and brand protection

5.1. You may not modify, unpack or dismantle the product for distribution, transfer or resale or any other purposes. Without the explicit and express permission of ABSEIRA, it is strictly forbidden to separate the product key from the associated software and to transfer the product key to any third party for any purpose.

The product keys found in the license mail cannot be transferred to a third party.

5.2. In Hungary, AIDA64 can be purchased from our Company or from our contractual reseller partners. If our Company has reasonable grounds for suspecting that the product has been purchased in a non-authorised manner, our Company is not obliged to provide technical support or any customer support or to authorise the use of the license.

In any case, the products can only be purchased from our Company (or from an official partner of ABSEIRA). If according to the established opinion of our Company, a product has been fraudulently obtained from our Company (or from an official partner of ABSEIRA) using a false credit card or any other illegal means, ABSEIRA will not be obliged to provide the customer service or any support or to authorise the use of the product.

5.3. At its sole discretion ABSEIRA reserves the right to revoke the license of any product acquired by using any illegal means.

6. Other important information

6.1. ABSEIRA warrants that the products are made available with reasonable care and expertise within a reasonable time and essentially as described in the present contract. ABSEIRA makes no other promises and does not warrant anything else regarding the essential properties of the products.

6.2. Limitation of liability

ABSEIRA will compensate you for any losses or damages arising from the fact that ABSEIRA has failed to fulfil its obligations under present contract or any other statutory obligations unless the default can be attributed to (i) your own fault; (ii) a third party not related to the performance of this contract; or (iii) an event that ABSEIRA could not anticipate or prevent with due care.

ABSEIRA is not responsible for any indirect losses incurred as a side effect of the main loss or damage and which you and we cannot foresee (such as loss of profit or loss of opportunity), and ABSEIRA is in no event responsible for any of the business-related losses such as loss of data, loss of profit or interruption of business or any incompatibility with any other manufacturer’s software used by the customer. ABSEIRA does not exclude its liability for death or personal injury caused by its negligence and does not exclude any other liability for which exclusion is prohibited by law.

6.3. Warranty

On the basis of a contract in which the parties have an obligation to provide mutual services the debtor shall warrant for faulty performance.

Based on the right of warranty the right holder might:

a.) ask for repair or replacement unless the fulfilment of the chosen warranty claim is impossible or if it – compared to the fulfilment of other warranty claims – would result in additional disproportional costs for the debtor taking into account the value of the service without error, the size of the breach and the lost interest of the right holder arisen from the performance of the warranty obligation; or

b.) may ask for the proportionate reduction of remuneration, correct the error himself or with the help of a third party at the debtor’s expense, or withdraw from the contract if the debtor does not undertake the obligation of repair or replacement, cannot fulfil this obligation or if the right holder’s interest for repair or replacement has ceased.

There shall be no ground for withdrawal due to minor defects.

The repair or replacement should be carried out within reasonable time, taking into account the characteristics of the item and its intended purpose as anticipated by the right holder, and in a manner which preserves the interests of the right holder..

6.4. In which cases can you exercise the right of warranty?
In the event of a faulty performance by ABSEIRA you may practice the right of warranty according to the regulations of the Civil Code of Hungary („Ptk.”). Regulations of Ptk. have been described in the paragraph above.

What rights are you entitled to in accordance with warranty claims?
You may – by your choice – have the following warranty claims:
You may ask for repair or replacement unless the performance of the chosen claim is impossible or it is – compared to the fulfilment of other claims – would result in additional disproportional costs for the debtor. If you have not requested a repair or replacement, you may request proportional reduction of remuneration or you may repair or appoint a third party to repair the product at the expense of the Company, or – as a last resort – you may withdraw from the contract.
You may switch from the chosen warranty right to another, however, in such cases you shall bear the costs of switching unless it was justified or the reason behind it was provided by the business.

What is the time limit in which you can enforce a warranty claim?
You are obliged to report the faulty performance immediately after discovery but not later than within two months. At the same time please note that you will no longer be able to enforce your warranty claim following the two-year limitation period.

Against whom can you enforce your warranty claim?
You may enforce your warranty claims against ABSEIRA.

What are the further conditions of your warranty right enforcement?
Within six month from the date of delivery, apart from the notification on warranty claims there are no further obligations if you verify that the faulty product or service has been provided by ABSEIRA. However, after six months from the date of delivery you are required to prove that the defect you detected already existed the time of delivery.

6.5. Product warranty

In which cases can you practice the right of product warranty?
In the case of a defect in goods (product), you may – at your choice – practice warranty or product warranty rights.

What rights are you entitled to in accordance with product warranty claims?
You may only request the repair or replacement of the faulty product in a product warranty claim.

When can the product be considered defective?
The product is defective if it does not meet the quality requirements in force at the time of its placing on the market or if it does not have the features specified by the manufacturer in the description.

What is the time limit for practicing the right of product warranty?
You may practice your product warranty claim within two years of the product being placed on the market by the manufacturer. After the expiration of this period, you will lose this right.

Against whom and with what further conditions can you practice your right of product warranty?
You may only practice product warranty claims against the manufacturer or distributor of the product. You must prove the defect of the product when claiming product warranty.

6.6. Force Majeure

ABSEIRA shall not be liable for failure of performance if it results from unforeseeable circumstances or reasons beyond the reasonable control of ABSEIRA, including – but not limited to – acts of superior authority, war, rebellion, embargoes, acts of civilian or military authorities, fires, floods, accidents, strikes, layoffs or shortages of transport, facility, fuel, energy, labour or materials. In the event of any such delay, ABSEIRA may be exempted from performance to the extent it is delayed or hindered by such reasons.

6.7. Performance during pandemic

Please note that given that the performance of ABSEIRA as a service provider and your payment obligation is not directly hampered by the spread of the COVID-19 virus and the resulting legal restrictions, both parties are obliged to comply fully during the period of the pandemic. However, if you have financial difficulties, please contact our colleagues to negotiate a flexible payment schedule.

7. Contact details of supervisory authorities

Ministry of National[HSG1] Development
Address: 1011 Budapest, Fő utca 44-50.
Mailing address: 1440 Budapest, Pf. 1.
Phone number: 06 (1) 795 1700
Website: www.nfh.hu

furthermore the Consumer Protection Authority of the competent Government Office

Hungarian Competition Authority
Address: 1054 Budapest, Alkotmány u. 5.
Phone number: 06 (1) 472 8900
Website: www.gvh.hu

8. Final provisions

In matters not regulated herein, the provisions of the Hungarian Civil Code, Government Decree 45/2014 (II.26), as well as Act CVIII of 2001 on the rules of electronic commerce and the Consumer Protection Act shall prevail.

Budapest, 1. August 2020.