Terms of use

WELCOME TO SMANAG! PLEASE TAKE TIME TO READ OUR TERMS OF USE:

By accessing and using this Website or any of the content and services provided herein, you agree to be legally bound by these Terms of Use, as well as all applicable terms, policies and operating procedures that may from time to time be published on this Website.

IF YOU DO NOT AGREE TO OUR TERMS OF USE, PLEASE DO NOT ACCESS OR USE OUR WEBSITE.

 

1. DEFINITIONS:

ACCOUNT: Subscription of a client for different modules and levels of SMANAG. 

CERTIFIED SMANAG CONSULTANT: Skilled internal or external consultant of Company participating in support activities and services provided for clients by Company.

CLIENT: company subscribing for one or more modules of SMANAG.

COMPANY: This Website is operated by QFD Mérnöki Tanácsadó Iroda Korlátolt Felelősségű Társaság / QFD Engineering Consulting Office Ltd. (registered seat: 2330 Dunaharaszti, Sisak utca 3., Hungary; company registration No.: 13-09-186766, Tax no.: HU 13094892).  

COMPANY CONTENT: any Content owned and provided by Company, including without limitation this the content of the Website and Services, the Domain Name, the SMANAG brand name, as well as all intellectual property rights included therein. 

ELIGIBILITY: The Website and Services are intended solely for Users as defined below. By accessing or using the Website or Services you represent and warrant that you are a User as defined below.

SERVICES: the services provided through the Website, including without limitation: user services, applications, tools and on or off-line consultancy.

ON-LINE CONSULTANCY: WebEx, Skype, Phone etc. meetings between Client and Certified SMANAG Consultants with or without screen sharing with the aim to assist the Client to improve its system and usage of SMANAG.

OFF-LINE CONSULTANCY: Execution of tasks jointly specified by Client and Company in writing under Client’s account by a Certified SMANAG Consultant with the Client’s authorization

OTP SimplePay: Credit card payment provider operated by OTP (National Savings Bank in Hungary)

SMANAG: SMANAG is the name of the application which is located on the Website.

USERS: Employees, contractors or other individuals authorised by the Client who access the Website and use the Services.

USER CONTENT: the content submitted by Users in the context of using the Website or the Services.

WEBSITE: the online location where Company provides its Services and posts its Content, which includes without limitation services provided at or using the following domain: www.smanag.com

 

2. ACCOUNT REGISTRATION:

While certain portions of the Website may be accessed and used without becoming a Client and creating an Account, you must create an Account in order to access the full functionality of the Website and Services. 

When creating an Account, you agree to: (i) provide and keep current accurate and complete information about yourself and your company (“Registration Data”); (ii) maintain the confidentiality of your Account and log-in credentials, if applicable; and (iii) restrict access to all others. You agree to accept responsibility for all activities that occur under your Account. If we have reasonable grounds to suspect that the information you provide is inaccurate, incomplete or impersonates another person or company, we reserve the right to suspend or terminate your Account. As SMANAG is a professional application exclusively for organizations, no registration will be approved from private persons. If we have reasonable grounds to suspect that the registration is made by a private person, we reserve the right to refuse your registration or later suspend or terminate your Account. As SMANAG is a commercial application, if we have reasonable grounds to suspect that the registration is made by a competitor, we reserve the right to refuse your registration or later suspend or terminate your Account. All Registration Data will be stored and used in accordance with the Privacy Policy below.

 

3. USE OF WEBSITE:

While using the Website and Services, you are responsible for your actions and for all User Content you upload.

By accessing and using the Website and Services, you represent and warrant:

 -   That you will not duplicate, download, publish, modify or otherwise distribute any Company Content or User Content on this Website for any purpose other than for your own individual use.

 -   That you will not duplicate, download, publish, modify or otherwise distribute or use in any manner any property of a third party on this Website without prior authorisation by the relevant third party especially if you authorise Certified SMANAG Consultants to process such content. You undertake full responsibility for the use of any third-party intellectual property.

 -   That you will not post or otherwise provide User Content that contains a software virus or any other code files or programs with the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment.

 -   That you will not avoid, bypass, reverse engineer, interfere with, deactivate, impair, descramble or otherwise circumvent any technical measure implemented by Company to administer and protect the Website and Services.

 -   That you will not forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any content posted or transmitted through or on the Website;

 -   That you will not access the Website and Services by any means other than through interfaces expressly authorized by Company and these Terms of Use.

 -   That you will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of the Website without our express written consent.

 -   That you will not scrape or download Company Content or User Content from the Website, or otherwise without authorization use, upload User Content to, or create new links, reposts, or referrals through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools ).

 

4. SUBMISSION OF USER CONTENT:

When submitting User Content, you acknowledge and agree to adhere to the following rules:

 -   You may upload customer specific requirements (“CSRs”), process descriptions, company documents and other User Content so long as they do not breach these Terms of Use.

 -   You may not submit any materials that you do not have the right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). You expressly agree that you will solely bear any liability related to your submission of these materials through the Website or Services.

 -   Company is not obligated to monitor and edit or remove any User activity or User Content. Company assumes no liability for any User Content uploaded by you or any third party. Nevertheless Company may, temporarily or permanently, remove any content held infringing by third parties or authorities.

 -   You represent and warrant that you own or otherwise control all of the rights to the User Content that you submit to the Website in any manner; that the User Content does not violate these Terms of Use or otherwise any third-party rights and that you will indemnify Company for any and all third party claims against Company resulting from any such eventual violation, regardless of whether the User Content was processed by you or by a Certified SMANAG Consultant upon your request.

 -   Company reserves the right (but not the obligation) to remove or edit User Content if it violates these Terms of Use.

 

5. INTELLECTUAL PROPERTY RIGHTS:

The Website includes a combination of content that Company creates and that the Website’s Users create. This section sets out the ownership and usage rights for each type of content. 

COMPANY CONTENT: The Company Content is the property of Company, is protected by Hungarian and international copyright, trademarks and other intellectual property laws. Except to the extent otherwise expressly permitted under copyright law, no copying, use or other exploitation of any content on the Website is permitted without the express written permission of Company or the applicable copyright owner. Upon subscription to the Website we hereby grant you a worldwide, revocable, non-exclusive license for the term of the subscription period to use, view and download our Company Content for your commercial use in accordance with these Terms of Use and applicable Hungarian and international copyright laws. You acknowledge that this license is not sub-licensable and that you will not acquire any ownership rights by virtue of downloading our Company Content from the Website. 

YOUR CONTENT: You are solely responsible for all content, that you upload or otherwise make available on the Website, even if you request processing of such content from Company.

All intellectual property rights not expressly granted to you by Company hereunder are expressly reserved to Company and to the respective owners of such rights.

COPYRIGHT INFRINGEMENT CLAIMS:

Company respects the intellectual property rights of others and will not tolerate infringing activity on the Website.

 

6. PRIVACY POLICY AND SECURITY:

Company takes your Privacy seriously and endeavours to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). 

Company may collect Client’s and User’s personal data and uses cookies on the website. Company is committed to protecting Client’s and User’s privacy. Before using the Website and Services, please carefully read our policy about data possession, cookies’ policy and data protection. 

When, how and what type of information might be collected?

1. By visiting the Website and/or through cookies, Company may automatically collect the following information and data; including but not limited to: traffic data, location data, weblogs, operating system, browser usage and other communication data, IP address, mobile carrier, and your ISP, and receive the URLs of sites from which Client or User arrived or viewed after leaving our Website.

2. By contacting us via the Website or e-mail, the correspondence may be reserved for security reasons or in case required by law, or to fulfil your order or request.

3. By registering on our Website, filling out surveys, inquiries, and/or orders, we obtain and store the information and data on them.

4. By registering on our site, the name and e-mail address of all Users and the secondary contact person will be stored.

What are cookies, why and how they are handled?

1. A cookie is a small file of letters and numbers that Company puts on your computer if you agree (see below agree checkbox). These cookies allow us to distinguish you from other users of the website which helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

2. The cookies we use are ‘analytical’ cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they’re using it. This helps us to improve the way our website works, for example by making sure users are finding what they need easily. Please consider that a cookie is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service to you.

3. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

How do we handle and protect your data?

Your data is stored on secure and certified Amazon servers. For safety reasons, please do not share your registration data (login and password) or any other codes with anyone else. Your data is handled and transferred by and among our staff whose aim is to fulfil your request or orders, answer your questions, as well as carry out or support the services provided to you. We draw your attention to the fact that the transmission of information via the internet is not completely secure, and thus we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk. For your protection, we use strict procedures and security features to try to prevent unauthorised access to your data.

How do we use your data?

  1. We carry out your requests and orders, and answer your questions
  2. We send you notices on the website.
  3. We send service or promotional communications via email ONLY to the e-mail address used for the registration (super superuser).
  4. We may connect the secondary contact in case of questions related to the subscription or in case of termination request.

Please note that we do not transmit your data to third parties – except our contributors and subcontractors taking part in fulfilling our obligations towards you. We do not rent, sell, or otherwise provide your personally identifiable information to third parties without your consent, except as described in this policy or as required by law.

Please note that we transmit your data to third person or authority if by law or sentence with legal effect we are obliged to do so. By accepting this Terms of Use you allow us to proceed your data to our subcontractor (Régens Zrt.) cooperating in storage and administration of your data.

What kind of rights do you have?

Your rights and corrective course of action are regulated by the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

If you believe that any of your information that we are holding is incorrect or incomplete, please write to us via email. We will promptly correct any information found to be incorrect.

By communicating with us via e-mail or by submitting any request on the Website, you consent to receive e-mail or other electronic communications from Company.

By accessing and using the Website, you understand and accept the risk that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.

By creating an Account Client acknowledges that he must communicate and let approve the Terms of Use and the included Privacy Policy by all of its Users visiting or working with/on the Website.

 

7. DISCLAIMER:

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION. WE WARRANT THAT THE SITE WILL BE AVAILABLE IN 98% OF WEEKDAYS (MO-FRI).

 

8. LIMITATION OF LIABILITY:

COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, SERVICES OR THESE TERMS OF USE SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO MAXIMUM THE AMOUNT OF THE SUBSCRIPTION FEE PAID BY THE CLIENT FOR 12 MONTHS.

 

9. INDEMNITY:

You agree to indemnify and hold Company harmless, and, at Company's request, to defend us from and against any third-party claims, demands, causes of action, debts, losses or liabilities, including reasonable attorneys' fees, to the extent that such claim is based upon, arises out of, or relates to a violation of these Terms of Use or applicable laws.

 

10. PAYMENT

Depending on Client’s choice, the Client may pay the fees for the Services provided by Company via wire transfer based on pro forma invoice or on-line by credit card. In case of a wire transfer, the Company will provide access to the Website upon receipt of the relevant amount. Depending on Client’s location, this may last 1-5 days. In case of on-line payment, the Company will provide access immediately when the payment is confirmed by the provider towards Company.

 

10.1 SMANAG - OTP Simple Pay secure communication

 The SMANAG application stores only the necessary minimum information about the Client’s credit card:

  • A token, provided by the OTP Simple Pay’s card company, used to identify the credit card after the first payment.
  • The credit card’s expiration date.
  • A masked credit card number for user identification in the following format: XXXX-XXXX-XXXX-0425

All this sensitive information is only stored in the database operated with high-level security. The database is only accessible for the system operator (Régens Zrt.) who is contracted partner of the Company. All access is automatically logged and retrieved with at least the following information: date, user/person, access reason, remark. All access is reported to Company on a monthly basis.

The communication between the OTP Simple Pay server and the SMANAG server uses secured (https) protocol. The identification and the validity check of the sent and received data comply with the OTP Simple Pay regulations.

During the payment process, the customer provides information strictly related to the credit card. This information is provided via the payment service provider (OTP Simple Pay) web-application, which is operated in accordance with the payment service security standards.

Complex and secure user permission (high-level user authorisation and authentication) assures that in the SMANAG application only the users with the right permissions can access sensitive data.

OTP Simple Pay payment provider reviews and makes an audit of the implementation, thus ensures the compliance to the corresponding security standards.

 

10.2. OTP SimplePay REPEATED CARD PAYMENTS

Repeated payment with a registered bank card is always performed with User approval, so that the User has to approve each transaction case by case. The user gets a notification 14 days prior to the expiration of the subscription about the due payment. The payment can be approved or denied by clicking on the link received in the notification e-mail. The User gets an acknowledgement notification about the successful payment in every case via the same channels as in case of traditional bank card payments. When registered bank card is used for payment all future payment transactions, initiated in the SMANAG application, are carried out without having to enter bank card details again. Bank card data are handled in line with the card issuer’s rules. Neither the Client, nor the Company or SimplePay can have access to the bank card data. Responsibility for payment transactions initiated by the Company by mistake or without authorization lies directly with the Company. Any claims against SimplePay are excluded.

 

11. TERMINATION AND REFUND:

Upon registration you are provided with a 14 days-long trial period in which you can terminate your subscription at any time. On the 15th day your credit card used for registration will be charged. In case of payment by wire transfer you will receive the pro forma invoice at the registration with a due date of 14 days. If the fees will not be payed within 14 days from registration, on the 15th day your account will be deactivated until the fee are payed. If the fees are not payed within 45 days after registration your account will be cancelled

Termination of Your Account. You may terminate your Account at any time by sending an email request to admin@smanag.com. Termination requests will be verified through your secondary contact address before implementation. We will deactivate your account on the day following the expiry of the subscription period. Please make sure that you download all User Content until this date! After termination of your Account, for 30 calendar days you may still be able to access certain portions of the Website and Services, but you will not have access to the full functionality. Within this period you can reactivate your account by a new subscription. After these 30 calendar days if you do not reactivate your account it will be deleted with all uploaded user content. Please note that Company takes no responsibility for any unsaved and/or not downloaded User Content deleted at account termination.

Termination because of modified Terms of Use. In case of change of the Terms of Use the Client will be notified via e-mail 30 then every 7 days before the new version enters into force. In case of rejection Client must send an e-mail to admin@SMANAG.com with the title “Terms of Use NOT APPROVED”. If Client rejects the new Terms of Use its account will be deactivated on the day when the new version enters into force. Please make sure that you download all User Content until this date! After termination of your Account, for 30 calendar days you may still be able to access certain portions of the Website and Services, but you will not have access to the full functionality. Within this period you can reactivate your account by a new subscription. After these 30 calendar days if you do not reactivate your account it will be deleted with all uploaded user content. Please note that Company takes no responsibility for any unsaved and/or not downloaded User Content deleted at account termination. In case of termination due to non-approval of change of Terms of Use the prepaid fees for the period after the entry into force of the new Terms of Use will be refunded on the 35th day following the active date. In case if the new version of the Terms of Use will not be rejected nor approved by clicking on the link in the notification e-mail Client have to approve it when he accesses the Website next after the active date by clicking on a pop up. Client and any of its users cannot access the system before the new Terms of Use is approved by Client.

Termination because of non-payment. As SMANAG is a prepaid service you have to prepay upon the registration, modification or extension of your subscription and/or upon ordering any additional Services. In case you fail to pay the fee relevant to your new subscription period before such period’s starting date, your account will be deactivated. In case of deactivation, primary and secondary contact addresses will be notified by e-mail. If you fail to pay the relevant fees within 30 days from deactivation, your account will be cancelled. Please note that Company takes no responsibility for any unsaved and/or not downloaded User Content deleted at account termination.

We may terminate your Account, or impose limits on or restrict your access to parts or all of the Website or the Services at any time if you harm this Terms of Use.

Company reserves the right, without penalty and at any time, to modify or discontinue (temporarily or permanently) the Services, or any part thereof, with or without notice if, in its sole discretion, Company believes that your conduct fails to comply with these Terms of Use. If you use or attempt to use the Website or Services for any purpose that contravenes these Terms of Use (including without limitation tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services), you may also be subject to civil and criminal liability.

PLEASE NOTE THAT COMPANY TAKES NO RESPONSIBILITY FOR ANY UNSAVED AND/OR NOT DOWNLOADED USER CONTENT LOST AT TERMINATION!

 

11. GOVERNING LAW:

By accessing and using the Website and Services, you consent to these Terms of Use and agree that the laws of Hungary without regard to principles of conflict of laws, will govern all matters relating to or arising from these Terms of Use. The parties irrevocably stipulate the authority and jurisdiction of the Hungarian courts and consent to bring any action to enforce these Terms of Service in these courts. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website, the Services or these Terms of Use must be filed or otherwise commenced within one (1) year after such claim or cause of action arose or shall be forever barred.

 

12. WAIVER AND SEVERABILITY:

Company’s failure to act with respect to a breach by you or others will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable under applicable law, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these Terms of Use.

 

14. ENTIRE AGREEMENT:

These Terms of Use constitute the entire agreement between you and Company with respect to the subject matter addressed herein, and supersede any prior agreements between you and Company relating to such subject matter. We reserve the right to update or otherwise modify these Term of Use from time to time. In case of not accepting changes you have the possibility to terminate your account according to section 11.

BY ACCESSING AND USING THE WEBSITE AND SERVICES, YOU ATTEST THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE FOREGOING TERMS OF USE.

LAST UPDATED: 01 SEPTEMBER 2018