General terms and conditions
This page contains the general terms and conditions for the use of the website operated by Knowhouse Consulting Kft. (registered office: 1141 Budapest, Pered u. 4., represented by Edina Kálmán, Community Tax No.: HU32350847) as a service provider (“Service Provider”).
Please use our services only if you agree with all of its points and consider them binding for you. This document is not filed, is concluded in electronic form only (it does not constitute a written contract) and does not refer to a code of conduct.
1. Data of the service provider
The name of the service provider is Knowhouse Consulting Kft.
The headquarter of the service provider: 1141 Budapest, Pered u. 4.
Contact details of the service provider, regularly used e-mail address for contacting customers: email@example.com
Company registration number: 01-09-419563
VAT number: 32350847-2-42
Court of registration: Metropolitan Court of Justice (Cégbírósága Fővárosi Törvényszék)
Telephone number: +36 20 581 2822
Language of the contract: Hungarian
Details of the hosting provider: 3 in 1 Hosting Bt.
2. Basis provisions
Issues not regulated in these Rules and the interpretation of these Rules shall be governed by Hungarian law, in particular with regard to the relevant provisions of Act V of 2013 on the Civil Code (“Civil Code”) and Act CVIII of 2001 on certain issues of electronic commerce services and information society services. The binding provisions of the relevant legislation shall apply to the parties without any specific stipulation.
The content of the contract concluded between the Client and the Service Provider shall be governed by the relevant legislation, these GTC and the contract of engagement concluded on a case-by-case basis (hereinafter referred to as the “Order”).
The content of these GTC has been made available to the client by the service provider at this link prior to the conclusion of the contract or in its offer. The content of the GTC in force at any time is available to the client at the same link.
The parties may deviate from these GTCF by mutual agreement in the client. The client is informed that the provisions of these GTC may deviate from the law or from previous contractual practice. The effective date of these GTC is 01.01.2021.
A legal relationship (hereinafter referred to as “contract”) is established between the client and the service provider when the service provider:
- the confirmation of the order is sent to the customer
- commences performance of the order
In the case of a combination of conditions, whichever condition occurs first.
Under the contract, the service provider is responsible for the following tasks, in particular:
- organisational development
- network development
- business development
- leadership development
- other non-licensed training
(hereinafter collectively referred to as “the Service”),
the detailed terms of which are set out in the contracts.
The contract may be concluded by the parties in writing and by e-mail exchange, provided that the order is duly confirmed by the service provider.
An order shall also be deemed to have been signed by the principal if the principal a qualified electronic signature or an advanced electronic signature based on a qualified certificate or a stamp affixed to the order.
The service provider shall confirm the order of the principal within 8 (eight) working days at the latest. Any request or request for a quotation made by the principal shall be addressed to the service provider shall not be binding on the service provider, nor shall silence on the part of the service provider constitute consent or approval.
3. Rights and obligations of the Parties
The service provider declares and warrants that it has the necessary licences, professional and legal knowledge to provide the service. The service provider undertakes, in the performance of his duties, to act in full compliance with the client’s interests and in accordance with the client’s instructions. He shall draw the client’s attention to any inappropriate or unprofessional instructions. The service provider shall be entitled to engage a third party to perform the service, on condition that the service provider shall be liable for the performance of the third party as if it had acted on its own account. The identity of the consultants, trainers, coaches actually involved in the provision of the service shall be determined by the service provider.
the service before the performance of the service. The client shall be obliged to pay a commission fee in return for the service provider’s performance. If the parties agree on a so-called pre-financed service, the commission fee shall be due before the service is provided.
4. Specific conditions for each type of service
The terms and conditions of each service are governed by the contract concluded with the customer in question.
5. Terms of payment
The Principal shall pay the Service Provider a commission fee for the performance of its obligations under the contract.
The Service Provider shall issue an invoice for the commission fee, with a payment deadline of 15 days.
In general, the date of performance on the invoice submitted shall correspond to the date of actual performance. If the parties agree in the contract on periodic invoicing or if the consideration for the provision of the service is fixed for a specific period, the invoice shall be issued in accordance with the provisions of the VAT Act. 58 of the VAT Code.
The invoice shall be issued on the basis of a certificate of performance signed by the persons designated by the parties.
6. Know how
Only the service provider and its licensed companies are authorised to market the services created by the Formation Group. The service provider guarantees that the rights contractually acquired or exercised by the client do not infringe the intellectual property rights of third parties. The service provider shall acquire, exclusively for the purpose of developing its day-to-day business, the right to use, free of charge and without any time limitation in space and time, all the intellectual property generated by the services provided by the service provider.
The parties expressly stipulate that, unless otherwise agreed in writing, the principal shall be entitled to use all the economic, technical and organisational knowledge and experience acquired as a result of the service provider’s activities and not specifically protected by other legislation, solely and exclusively in the normal course of his daily business.
7. Rules for processing personal data
The Service Provider shall process the personal data obtained in the course of fulfilling the order in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (hereinafter: GDPR), in accordance with its data management information.
The Principal undertakes to inform its employees, in particular its contact person, who come into contact with the Service Provider of the Service Provider’s data management information.
The Client acknowledges that in the course of the cooperation between the Parties, the data and information disclosed to each other may contain data content that can be linked to specific natural persons, i.e. may be classified as personal data under the GDPR.
In relation to the services provided, a service provider is considered to be a data controller if the fundamental issues concerning the way in which the data are processed (scope of personal data processed, duration of processing, access to data) and the method of processing are determined by the service provider. In the event that one of the parties acts as a data processor in the performance of the order, the parties are obliged to conclude a written data processing contract in accordance with Article 28 of the GDPR.
8. Rules on liability
If any programme ordered by the Client – with the exception of the Coaching session – is cancelled by the Client prior to its implementation, the Client shall
- within 14 calendar days, the Client shall pay 50% of the commission fee to the Agent,
- if he cancels within 7 calendar days, he shall pay 80% of the fee to the Principal.
- If the Client changes the date of the programme ordered within 14 calendar days of the original date, the Client shall pay 50% of the fee at the original date of the programme and the remainder at the time the programme is completed by the Client.
If Client orders a Coaching session service prior to its implementation:
- within 24 hours, the Client shall pay 100% of the fee to the Agent,
- if you cancel within 72 hours, you must pay 50% of the fee to the Agent
The principal or the agent shall be exempted from any legal consequences arising from late performance, defective performance or non-performance, if it was caused by a circumstance beyond his control, unforeseeable at the time of the conclusion of the contract and which he could not reasonably have been expected to avoid or to prevent. The exemption shall also cover force majeure. Force majeure: any unforeseeable, unavoidable external cause beyond the control of the parties, including, but not limited to, the intervention of third parties, natural events, fire, road, air, rail or rail transport strikes, war, revolution, embargo, etc.
The obligation of confidentiality extends to the business and operation, business and market policy and scope of business of the other party and of companies directly connected to it, of which they become aware in the course of the performance of the contract.
Business secrets shall include: information relating to the contract of engagement and its performance, and all data and documents the use or disclosure of which would or might directly or indirectly disadvantage the party concerned.
Exceptions to this rule are the inclusion of the Client’s name and logo among the references on the Client’s website and the writing and publication of a case study, with the Client’s consent, while keeping the Client’s name confidential.
The parties undertake to keep the business secret confidential for 5 years after the termination of the contract and to use it only in the context of the performance of the assignment contract.
10. Termination of the contract
Upon contractual fulfilment of the order, the contract between the parties shall be terminated. The obligations of the parties which, by their nature, are only applicable or can only be complied with after the order has been fulfilled, such as confidentiality, know-how, settlement obligations, provisions on the handling of personal data, shall remain in force even after the order has been fulfilled.
The Contract may be terminated at any time by mutual agreement in writing between the parties.
A contract of engagement for an indefinite period may be terminated by either party by giving 30 days’ notice in writing to the other party without giving any reason.
Either Party shall be entitled to terminate the delegation agreement with immediate effect by written notice to the other Party if
- (a) the Party is in serious breach of any of its obligations under the delegation agreement despite a written notice to that effect and the five (5) day period specified in the written notice to cure the breach has expired without result,
(b) the other party has been declared bankrupt or is being wound up, is being wound up or is being compulsorily wound up,
c) the other party is in serious breach of its confidentiality obligations.
The principal shall be entitled to terminate the contract with immediate effect if the principal fails to fulfil his payment or other contractual obligations
(thirty) days or more, or is in default on three or more occasions for more than fifteen (15) days.
The parties shall settle their accounts upon termination of the contract.
Any notice of termination of the contract shall be in writing and delivered to the address indicated in the order. Notices shall be deemed to have been given even if the other party has refused to accept delivery, on the day of the attempted delivery, in other cases on the 5th (fifth) working day following the day on which the unsuccessful attempt at delivery was made and the day on which the notice was deposited.
If there has been a change in the particulars of either party, the parties shall notify each other of that fact in writing without delay. Until proper notice of the change in particulars has been given, mail delivered to the previous address shall be deemed to have been duly received.
11. Disputes and applicable law
Unless otherwise expressly agreed in writing by the parties, the Hungarian substantive and procedural rules shall apply to the legal relationship of the parties. The parties shall attempt to settle any disputes arising out of their legal relationship by personal conciliation, failing which they submit to the exclusive jurisdiction of the competent court having jurisdiction over the subject matter of the contractor’s registered office. In the event of any dispute as to interpretation, the Hungarian language version of this contract shall prevail.
Updated to 30 Sept 2023.