SalesAutopilot Terms of Service
1. THE OBJECTIVE OF SALESAUTOPILOT END USER AGREEMENT
(1) Terms and conditions of present contract regulate your access to the SalesAutoPilot software service, possibly other services of SalesAutopilot Ltd. (further referred to as SERVICES) available via the www.SalesAutoPilot.com web address as well as data acquired during usage and claiming of these SERVICES. According to the terms and conditions SalesAutopilot Ltd. in the framework of present contract does not provide exclusive rights to users as to the usage of SERVICES. By using services you do not become the owner of SERVICES. All ownership rights belong to SalesAutopilot Ltd. and its suppliers.
(2) The concept of SERVICES beyond the above includes any and all updates and support of SERVICERS. The usage of any further service delivered with SERVICES belongs to a separate end user agreement and is valid under such separate agreement. IMPORTANT – PLEASE READ CAREFULLY!
(3) IF YOU DO NOT UNDERSTAND THE REGULATIONS OF PRESENT CONTRACT OR DO NOT ACCEPT THE CONDITIONS OF PRESENT CONTRACT AND YOU HAVE NOT SIGNED AN END USER AGREEMENT WITH SalesAutopilot Bt RELATING TO SERVICES, DO NOT INITIATE THE ORDER OF SERVICES DEFINED IN PRESENT CONTRACT, OTHERWISE – BY IMPLIED CONDUCT –THERE WILL BE A COTRACTUAL RELATIONSHIP ESTABLISHED BETWEEN YOU AND SalesAutopilot Ltd. WITH THE CONTENT OF PRESENT TEXT THE REGULATIONS OF WHICH CAN BE LEGALLY ENFORCED.
2. CONTRACTING PARTIES
SalesAutopilot Ltd. (located at: Hungary, 1089 Budapest, Golgota utca 3) (further referred to as: “SalesAutopilot”)
You or the legal entity represented by you or a private entity (further referred to as: “User“)
2.1 COMMENCEMENT OF THE CONTRACT
(1) The www.SalesAutoPilot.com web address and the web pages found under other internet addresses of SalesAutopilot (further referred to as WEBSITE) in regards to SERVICES are not considered public tenders but requests for proposals.
(2) In case User provides his data on the user interface found on the WEBSITE and clicks on the REGISTRATION button (further referred to as REGISTRATION) by implied conduct he expresses his intention to make a bid to SalesAutopilot. SalesAutopilot may inform User of the acceptance of the bid in two ways
Upon Registration the user name and password protected user interface of SERVICES appears which means the commencement of the provision of services with the consent of user.
Upon Registration an email is sent to User’s email address in which User is informed of the acceptance of the bid, the commencement of the contract and the beginning of completion.
(3) By implying the usage of SERVICES through Registration including the legal actions described in articles (1) and (2) and by using the user name and password acquired through Registration, User acknowledges the following:
He has read and understood the regulations of present END USER AGREEMENT
Present END USER AGREEMENT took effect between him and SalesAutopilot
He considers the regulations of present END USER AGREEMENT as binding to himself
He is irrevocably liable to keep the regulations of present END USER AGREEMENT in its entirety
(4) In case it becomes known to SalesAutopilot that User completed the Registration with false or inaccurate data SalesAutopilot has the right to desist of the contract with immediate effect.
2.2 CONTENT OF THE CONTRACT, TERMINATION BY USER
(1) Parties sign an open-ended contract.
(2) User may terminate contract at any time with immediate effect. The termination of the contract can be done in the “Finances” menu of the user name and password protected interface (further referred to as user interface) or by written notice sent via the Customer Service.
(3) In case User terminates contract it ceases to be in effect at midnight on the day of termination.
(4) User is liable to pay for services used until midnight on the day of termination of the contract to SalesAutopilot within 15 days.
2.3 TERMINATION OF CONTRACT BY SalesAutopilot
(1) SalesAutopilot may terminate the contract with a 30 day notice at any time without explanation.
(2) In the event of User’s severe breach of contract SalesAutopilot may terminate the contract with immediate effect. Using the SERVICES in violation of laws or not meeting the payment obligations within 30 (thirty) days of their due date are considered instances of severe breach of contract.
(3) In case the contract is terminated by SalesAutopilot with immediate effect, the contract ceases on the day of termination at midnight. However, SalesAutopilot has the opportunity to immediately discontinue SERVICES upon realizing the breach of contract.
(4) In case SalesAutopilot terminates the contract with a 30 days’ notice the contract ceases on day 30 at midnight following the termination.
(5) SalesAutopilot notifies User via e-mail about the termination of the contract at the e-mail address provided by User.
(6) User is liable to pay for the services used until midnight of the day of the ceasing of contract to SalesAutopilot within 15days.
(7) In case SalesAutopilot terminates the contract due to User’s severe breach of contract SalesAutopilot is not liable to reimburse User for prepaid fees (e.g. SalesAutoPilot Prepaid package fees).
2.4 USER’S LIABILITY IN CASE OF CANCELLATION OF SERVICES OR TERMINATION OF CONTRACT
(1) User is liable to remove all opt-in gates, sign-up possibilities and all data input forms and partial codes opening up in pop-up windows which use the database of SalesAutoPilot software until midnight of the first day after the termination of the contract or the cancellation of SalesAutoPilot service.
(2) If User does not comply with his liabilities described in point (1) SERVICES are still considered as used as far as the payment for SERVICES goes until User’s liabilities are fulfilled. Until the fulfillment of liabilities payment obligation is valid according to the price list of SERVICES up to the point of fulfilling above mentioned obligations by User.
2.5 LOCATION OF PROVIDING SERVICES
Parties agree that the location for providing services is Hungary and as a governing law they submit to the legal system of Hungary.
(1) SERVICES are under the pertaining copyright laws and international copyright law agreements as well as other laws and intergovernmental agreements relating to intellectual property, the beneficiaries of which are SalesAutopilot and its subcontractors. SalesAutopilot provides non-exclusive user’s rights (license) for SERVICES to User. SalesAutopilot does not assign ownership rights of SERVICRES or any elements thereof to User. According to present END USER AGREEMENT User’s rights include the following specific rights and limitations. SalesAutopilot only grants those liabilities to User which are specifically included in present END USER AGREEMENT.
(2) User is entitled to grant access and create user names and passwords to persons/other parties assigned by him to use SERVICES. According to present END USER AGREEMENT user rights to Internet Marketing Services of SalesAutopilot are made accessible to User. According to present END USER AGREEMENT user rights ensured by SalesAutopilot to User can be practiced exclusively with the purpose of User employing his services related to Internet Marketing.
4. OTHER RIGHTS AND LIMITATIONS
(1) User is entitled to use SERVICES exclusively with consideration to its limitations and honoring the rights thereof.
4.1 LIMITATIONS PERTAINING TO CODE REVERSING, DECRYPTING AND ANALYSIS OF INTERNAL STRUCTURES
(1) The contents of website realizing SERVICES must not be backtracked, decrypted or its internal structure analyzed except in the measure and cases allowed by the pertaining legal regulations valid in Hungary. The violation of this article is considered as a severe breach of contract.
4.2 RENTAL AND TRANSFER
(1) User is not entitled to lend, rent or lease SERVICES and User is not entitled to grant access to SERVICES to third parties for remuneration in any shape or form. User is not entitled to resale or transfer SERVICES on his own behalf. The only exception is resale within the framework of the Middlemen Program of SalesAutopilot and according to the regulations defined in the middlemen agreement.
4.3 MULTIPLE USAGES
(1) Without specific written permission of SalesAutopilot individual user accounts of SERVICES are not permitted to be used for the purpose of multiple websites which do not belong to the same sphere of owners.
(1) Present END USER AGREEMENT does not grant any rights relating to trademarks of SalesAutopilot or its subcontractors.
4.5 SERVICES AND COPYRIGHT
(1) The intellectual property or any other rights relating to SERVICES (including but not limited to the photos, pictures, animation, video- and sound recordings, music, text and micro applications EMBEDDED INTO WEB SITES realizing, showcasing or advertising SERVICES) and all pertaining written documentation as well as all copies of SERVICES belong to SalesAutopilot and its subcontractors. All intellectual property rights and all other claims arising from all other legal rights relating to content available when using SERVICES belong to the owner of this content and are protected by the prevailing copyright laws, other laws pertaining to intellectual property and international agreements with special regards to rights arising from unique solutions and applications created and operated with the assistance of SERVICES due to the nature of SERVICES. As to the contents listed this END USER AGREEMENT does not grant any rights to User. In regards to all specifically not granted rights SalesAutopilot reserves all rights to itself.
5. INTRODUCTION OF SERVICES
(1) Within the framework of SERVICES SalesAutopilot provides marketing tools, information, data processing and storage and support to User.
(2) Within the framework of using SalesAutoPilot software User may upload and send mail with the content defined by User to the e-mail addresses handled by User as data manager. User acknowledges that SalesAutopilot does not create any content and is not the author or publisher of e-mails sent with the help of SERVICES. SalesAutopilot declares that he doesn’t sell or rent email lists. SalesAutopilot reserves the right to but is not bound by examining and approving any content sent by User. SalesAutopilot reserves the right to delete any content that violates the detailed User Agreement defined by SalesAutopilot included in article 8 of present contract. SalesAutopilot disclaims all copyrights and other rights and liabilities relating to these contents.
(3) SalesAutopilot does not guarantee the correctness of content of the emails forwarded in the direct mail campaigns. SalesAutopilot disclaims all liability for direct, significant or possible damages resulting from sending newsletters. User is responsible for the genuineness of content when sending emails through the services of SalesAutopilot, and User is liable to compensate SalesAutopilot for all direct, indirect or significant claims or alleged claims resulting from the usage of SERVICES by User. By using the SERVICES of SalesAutopilot User grants the right to SalesAutopilot to copy and/or store content, email lists and other information created by User. SalesAutopilot does not utilize content, email lists or any other information created by User for purposes which would violate the rules of using SalesAutopilot.
(4) In the framework of using SalesAutoPilot User may create and integrate forms into his web site which forms allow for visitors of User’s web site to consent to being registered in User’s database by providing their email addresses and other data.
(5) User understands that according to the prevailing laws he is liable to inform the providers of data (the visitors of his web site) of the details of data collecting and management. SalesAutopilot is not liable or responsible for issues resulting from the failure of User to comply with this liability.
(6) As part of SERVICES SalesAutopilot may notify User at the email address provided by User of sign-ups and mail sent to his newsletter. SalesAutopilot makes reasonable efforts in order for User’s emails to be mailed in time. However, SalesAutopilot reserves the right to modify the date or time of mailing without prior notice.
(7) SalesAutopilot prepares a Quotation for User in case of individual needs of User.
(8) The contract followed by the Quotation is not an integral part or appendix of present contract; it should be handled separately from present contract.
(9) The Quotation contains all information, conditions, clauses and deadlines pertaining to the usage of given services.
6. PASSWORD AND SECURITY OF ACCESS
(1) User is liable for the confidential handling of his user name and password. Furthermore, User is also liable for all activities which happen by the use of his user name and password or by the use of other user access transferred by him. User must immediately notify SalesAutopilot of any illegal use of access or any violation of safety.
(2) IMPORTANT: In case User provides access to SOTFWARE PRODUCT to several individuals (further referred to as Users), User is liable for the proper setting of authorization controls of individual Users with special regards to financial and administrator authorization controls. SalesAutopilot will devolve the responsibility to User for damages resulting from the provision of improper authorization levels.
7. RULES OF USING SALESAUTOPILOT PLUS
(1) During the course of using SERVICES User is liable for and grants the keeping of terms, conditions and prevailing laws described in present contract, with special regards to but not exclusive to “Law 2001. CVIII. on issues concerning electronic commercial services and services relating to the information society”.
(2) Concerning emails User agrees to:
(a) Not sending unsolicited email for commercial or non-commercial purposes, the definition of unsolicited email being that email is sent to an addressee who did not provide a declaration of consent to receive such email before the receipt of the first email sent to him.
(b) Not using SERVICES for illegal purposes.
(c) Not harassing, threatening, causing inconvenience to or annoying other parties.
(d) Not sending or publishing unmistakably erotic images or content which rudely offend the web community, including racist, instigating or sacreligious images or content or ones deemed as such by SalesAutopilot.
(e) Not sending or publishing any material that is slandering, offensive, inaccurate, obscene, sacreligious, violent or ethnically offensive.
(f) Not encouraging the usage or transfer of information or software which offends any local, state, or international law or regulation.
(g) Not using or reproducing any content which violate copyright laws without the consent of authors.
(h) Not forwarding content advertising or offering information relating to illegal activity or encouraging physical violence against any group or individual.
(i) Not sending content including reference/links to sexual, pornographic or unseeming images, hate speech propaganda or any illegal content such as illegal software, product serial numbers and decrypting programs.
(3) User accepts not to reverse program codes directly or indirectly, search source codes, object codes, basic structures, ideas or algorithms relating to the SERVICES of SalesAutopilot. SERVICES can only be used by User for his internal business purposes.
(4) In the event of User violating any of the above rules of usage, it is considered a severe breach of contract and SalesAutopilot reserves the right to with or without a notice cease or terminate User’s access to SERVICES or to any related data.
8. USAGE AND STORAGE
(1) SalesAutopilot stores user information, email lists, emails, statistics, repots and other data relating to User (further referred to as DATA) in its database. SalesAutopilot agrees to exercise its duties in the storage and processing of data with the greatest possible care and diligence, including but not restricted to the following:
(a) SalesAutopilot agrees to provide User with a user name and password protected user interface which guarantees access to User’s Data only by the username and password chosen and changeable at any given time by User.
(b) SalesAutopilot agrees to store User’s password in its database confidentially encrypted, so it could not be decrypted.
(c) SalesAutopilot agrees to protect data traffic on the user interface created for User with encrypting available according to the current state of technology and acquires a Certificate for verification.
(d) SalesAutopilot agrees to employing high security operations and data security hardware and software technology for the storage and processing of Data and regularly supervises their quality comparing them to the demands of the age and in the event of needing development, updating or exchanging he complies with those needs.
(e) SalesAutopilot agrees to store User’s Data until present contract is valid between User and SalesAutopilot.
(2) SalesAutopilot agrees not to use or transfer User’s Data to third parties neither during the validity of present contract nor thereafter except if SalesAutopilot is legally bound to do so or in case the interests of SalesAutopilot so require in litigation initiated by SalesAutopilot.
(3) SalesAutopilot is not liable for damages or loss of profit resulting from partial or complete damage or loss of Data due to unforeseen reasons caused by hardware- or software failure, an attack against SalesAutopilot or any of its users or other, unforeseen event outside the sphere of influence of SalesAutopilot.
9. FEES/FEE CALCULATION OF SALESAUTOPILOT SERVICES
(1) There are two kinds of payment methods related to SalesAutoPilot services: Prepaid (paid up front) and Monthly (paid afterwards).
(2) Regardless of the payment methods there are several levels of services.
(3) In the course of using SalesAutoPilot the basic service level is accessible to all users. At this service level the service fee is accounted for by the number of emails sent. The method of calculation and the current fees are published on the existing website of SalesAutopilot.
(4) Beyond the basic service level SalesAutopilot makes different optionally accessible functional Modules which modules may incur separate fees. The fee calculation method of the individual modules and the current fees are published on the existing website of SalesAutopilot.
(5) Prepaid packages: Prepaid packages in case of using the basic service level entitle User to send a certain number of emails and generate a certain number of DM letters / forms within a given time period.
(6) In case of using Prepaid packages the module fee is deducted from the given Prepaid package by deducting the email limit equivalent to the monthly cost of the modules.
10. TEXT MESSAGE FEES
(1) SERVICES even at the basic service level are suitable for sending text messages (SMS/short message service) in case of a prepaid sending limit.
(2) The SMS sending limit can be charged with predefined HUF amounts and in case of each SMS sent the currently valid SMS sending fee is deducted from the limit.
(3) The fee of sending SMS is published on the existing website of SalesAutopilot.
(4) The fee of sending SMS could change on a daily basis according to the prevalent practice of international providers. SalesAutopilot is liable to send an email notification to each User four hours prior to the changes in fees about each change of fees apart from publishing it on their web site.
11. VALUE ADDED TAX
Fees published on the website of SalesAutopilot exclude the Value Added Tax according to the prevalent Hungarian regulations.
12. PAYMENT OF SERVICES
(1) In case of monthly payments the payable amounts of SERVICES are billed on the first work day following the last day of each month. Fees must be settled within 8 days of billing. In certain cases – especially in the month of ordering SERVICES – SalesAutopilot reserves the right but is not liable to bill the split monthly fees with a month delay together with the fee of the first full month.
13. SUSPENDING SERVICES DUE TO LACK OF PAYMENT
(1) In case User does not pay the due fees to SalesAutopilot by the relevant payment deadline SalesAutopilot may suspend services without prior notice until the receipt of late payment.
(2) In case late payment exceeds 30 calendar days SalesAutopilot is no longer liable to archive or keep Data and settings stored by User in the SERVICE database. SalesAutopilot is in no way liable for the damages resulting from the deletion of such data and settings.
14. SERVICES SUSPENDED BY USER
(1) In case User initiates the suspension of Services in the Finances menu of SERVICE’s user interface through the Customer Service system, SalesAutopilot provides SERVICES until midnight of the relevant day. In such cases the last day of the period subject to fees is the same as the day of suspension of Services.
(2) SalesAutopilot agrees that if the suspension of SERVICE was initiated by User and in case User does not have an outstanding debt and expressly requests, SalesAutopilot archives and stores data stored by User in the database of SERVICE and later upon the request of User restores it in turn for a re-activation fee. The re-activation fee is calculated based on the prevailing hourly rate of website design and the time spent on the re-activation.
(3) In case User terminates contract, and afterwards accumulates an outstanding debt of over 30 days SalesAutopilot is not liable to further store User’s Data according to paragraph (2) and may immediately delete them from his database.
15. DISCLAIMER OF WARRANTIES
(1) SalesAutopilot is not liable for any damages resulting from services, information or products published on its website. SalesAutopilot is especially not liable for special, indirect or sporadic damages, loss of profit or income or loss of usage outside of services, web site or usage of information therein or in relation to it and is not liable for damages resulting from carelessness, offense or keeping the law.
16. MODIFICATION OF CONTRACT AND FEES
(1) SalesAutopilot publishes the fees of SERVICES on its website in the prevalent price list accessible from the introductory pages of services.
(2) SalesAutopilot is entitled to unilaterally modify present contract and fees of services. In case User doesn’t object to the modified contract within 30 (thirty) days of receiving it then due to the lack of objection from User considering the implied conduct the modifications take effect.
(3) SalesAutopilot is liable to notify User of any modifications of present contract and modifications of SERVICES 30 days prior to its taking effect at the email address provided by User and at the same time publish information concerning the modification on the SalesAutopilot.hu website or on its other website describing SERVICES.
(4) User agrees to provide a new email address in case of change in his email address in the AUTHORIZATION menu created for this purpose, paying special attention to the fact of receiving mail at his old email address until the changes take effect and that at the moment of verifying the modifications mail is already received at the new email address.
(5) User agrees that in case he does not act according to the above and therefore the notification sent to him about the modification of fees or contract does not reach him, SalesAutopilot is not held responsible and must proceed as if User received the new contract and price list.
SalesAutopilot reserves the right but is not bound to use the company name of User and the SERVICE used by him in his list of references with the expressed consent of User and in lack of User’s written request to the contrary.
In matters not regulated by this END USER AGREEMENT the provisions of the Civil Code, the Copyright Law, and the service descriptions published on www.SalesAutoPilot.com website are in effect.