General Terms and Conditions (GTC)

By using the Website of the Informador de contratación pública (www.infocp.es) and using the public procurement announcement monitoring service (hereinafter ICP) you, as the User, agree to the following terms and conditions.

1. The service provided

By the provided service of the ICP the Users can keep track of the announcements of the Tender Electronic Daily online interface and the national public procurement website related to the European and Spanish public procurements. The ICP Service continuously monitors the current public procurement announcements, providing information about the published public procurements based on the search settings of the user. In addition, the service of the ICP provides an archive search possibility.

2. The service provider

• Company: Közbeszerzés Figyelő Kft.
• Headquarters: 2016 Leányfalu, Móricz Zsigmond út 196.
• Name of the representative: Rovnyai János
• Email address: rovnyai.janos@kozbeszerzesfigyelo.hu
• Company registration number: HU 13 09 123827
• Registry Authority: Court of Budapest, as registry court
• Tax Number: HU14504208
• Account Management Bank: MKB Bank Zrt.
• SWIFT: MKKBHUHB
• IBAN: HU54 10300002-10614309-00014889

3. General Terms and Conditions of Use

3.1. After subscribing for the services, the Users, via the administration interface provided by the Service Provider, can determine in which topic and of which European Union member states’ announcements of the public procurement they wish to be informed.

3.2. After defining the search criteria, the User will automatically receive links to the defined e-mail address(es) what they provided in their user account. In the e-mail, the User does not receive the specific announcement, only a direct link to it. The User may also access the links to the system’s identifiable procurement announcements on the online interface of the service. The online interface also allows you to do archive search in the previously published
announcements. The records in the archive search have direct links to the public procurement announcements.

3.3. The User will be notified of the procurement announcements identified by the system related to the User’s specified search profiles. The Service Provider will notify the user in case a new announcement is published, matching the criteria of at least one of the saved search profiles in the users’ account. The notifications are being sent to the e-mail address(es) provided by the User. Notification will only be sent by Service Provider if there is any new
published announcement in accordance with the specified search settings.

3.4. The analysis of the online content is performed by algorithms and the Service Provider is not responsible for the efficiency of the analysis.

3.5. In accordance with the relevant Directive 2002/38 / EC of the European Union, invoices issued to such companies, which provided tax identification number of a European Union member stat (excluding Hungary) are not subject to VAT. In addition, natural persons, residents outside the European Union and companies, taxing outside the European Union are not subject to VAT as well.

3.6. The Service Provider is entitled to use the available user-related data in its system for statistical and analytical purposes in an unidentifiable manner.

3.7. The Service Provider reserves the right to deny the service to any user, especially if it is suspected of illegal or improper use of the services.

3.8. The User accepts the rights of the Service Provider taking in account that he/she is not eligible to appeal against any action taken subsequently. The provider shall not be liable for any loss or damage suffered by the aggrieved party.

3.9. The Service Provider makes every effort to ensure the uninterrupted operation of the service, however, does not guarantee its continuous operation and availability. The Service Provider also reserves the right to suspend the provision of the service. The Service Provider shall not be liable for any loss or damage suffered by the aggrieved part.

3:10. The Service is available only to the Registered Users. In the case of a legal person an a user, it is possible to specify three additional recipients (email address) in addition to the registered email address; these recipients may only be  members or employees of the Users’ organization. A natural person as a User may only request notification to his or her e-mail address or e-mail addresses. In addition, the User is not allowed to resell the Service or to assign its use to any third party, including forwarding any notices received through the Service to third parties.

3:11. In Figure 3.10. (i.e. if the Service is used by more than one person under the same User Account, or multiple natural persons in the case of a User, or the User transmits Contents of the Service to other organizations), the Service Provider is entitled to stop the Service with immediate effect and the User is obliged to compensate the loss of the Service Provider.

4. Registration

4.1. In order to use the ICP Service, the User must register on the online interface of the service. During the registration process the User is obliged to provide truthful information.

4.2. The following information is required at registration:

• User Email
• Company Name
• Company Billing Address
• Contact Name
• Contact Email
• Contact Phone
• Method of payment (PayPal, Bank Transfer)

4.3. During the registration process, the User is obliged to choose a so-called “business profile” from the list compiled by the operator of ICP. The “business profile” is intended to indicate the field of the interest of the company in public procurement sector. After receiving the subscription fee, the User may create or select search profiles in the number of the selected tariff package, which may include a “business profile” selected from the list provided by the
Service Provider.

4.4. By registering, the User give permission to the Service Provider for storing the data provided by the User and the IP address of the computer used for login.4.5. The contract is concluded with the registration. The Contract shall not be considered as written. The data provided during the registration process can be retrieved at any time and modified if necessary.

5. Prices and payment terms

5.1. For the use of the services, the User is obligated to pay the relevant service fees, stated in the I. Attachment, unless the User is granted with a discount by the Service Provider (Except
for the Test Period specified in Section 6.1).

5.2. The subscription fee can be paid by bank transfer and PayPal.

5.3. In case of bank transfer, the Service Provider shall issue a proforma invoice. The User shall undertake to pay the proforma invoice without delay. The due date for the
proforma invoice is at least 8 days from the date of issue.

5.4 By registering, the User accepts that the Service Provider issues electronic invoice for any payment made by the User. The Service Provider will issue an electronic invoice for the
payment within a maximum of 15 banking days after receiving the transfer. The electronic invoice issued by the Service Provider will be sent to the e-mail address provided by the User,
as an attachment in “PDF” format.

5.5 If the User fails to fulfill his/her payment obligation by the due date as described in Section 5.3, the Service Provider will be entitled to collect the debt. The User accepts that
Service Provider entitle a debt collector company to collect the unpaid service charge and the default interest thereon. The Service Provider shall bear the costs incurred in connection with debt collection to the User. The user agrees that he/she will be liable for any reasonable costs incurred in connection with the collection of the debt. If the User have paid for the service but have not paid the additional costs of the debt collection, the Service Provider issues an invoice in addition in the value of the relevant costs.

5.4. The User agrees that in event of delayed payment of the proforma invoice, the issuer of the invoice is entitled to charge default interest at the rate applicable in accordance with
applicable law for the period of delay.

6. Subscription Period, Test Period

6.1. The Service Provider provides free trial period of the service. At the end of the Free Trial Period, the Service Provider sends an email to the User’s e-mail address (the notification will be considered delivered if no error message is received within 1 (one) hour after sending the email) with the information about the continuous subscription. If there is no response from the side of the User, the 3rd business day after the end of the test period, the Service Provider shall consider it a service order and the conclusion of the contract. The subscription is created and a 12-month fee of the subscription package applies according to the number of search profiles the User created during the test period.

6.2. The Subscription Period is set up for a period equal to the fee paid for the Service. The expiration date of the Subscription Period can be seen in the administration interface of the
Service.

6.3. The Subscription Period will be automatically extended with the same conditions of the current subscription 30 days prior the last day of the Subscription Period (e.g. if the User has a 6-month subscription, which expires on 31.07.2020, the Subscription Period will be automatically renewed on 01.07.2020 with an end date of 31.01.2021). The Service Provider shall send the request for a renewal fee (proforma invoice) 30 (+/- 3) days prior to the expiration of the current Subscription Period to the e-mail address provided by the User int the user account (with a 30-day payment deadline).

7. Duration and termination of the contract

7.1. The contract is concluded for a fixed term.

7.2. Either Contracting Party may terminate this Agreement upon written notice to the other Contracting Party, if the provided that such termination is handled to the other Contracting
Party 31 days (as the latest) before the end of the current Subscription Period (the period for which the User last paid the fee). If notice of termination is given to the other Contracting
Party later than 31 days before the end of the current Subscription Period (i.e. 30 days prior to the end of the current Subscription Period), the notice period ends at the end of the following
Subscription Period.

7.3. The Service Provider is entitled to immediately terminate the Agreement in writing, with effect from the day of the notice of termination, if the

• User violates any of its obligations specified in the GTC,
• the Service Provider loses free access to the data (or to a part of it) transmitted by the source websites
• the User is under liquidation.
• The User is in late with payment for the services provided by ICP and the Company does not fulfill its payment obligations even upon the written notice, which expires within a 30-
  day deadline. If any of the above grounds for immediate termination of the Contract arises, the Service Provider is entitled to terminate the User’s access to the ICP service.

8. Terms of use in case of service provider change

8.1. A registered user who has a subscription at another provider of public procurement monitoring and has stated online and/or has subsequently provided proof of service contract or invoice is entitled to get discount in case they decide to change service provider.

8.2. The Service Provider provides a 14-day Test Period to test the service for free. At the end of the Free Trial Period, the Service Provider will send an email to the User’s e-mail address (the notification is considered delivered if no error message is received within 1 (one) hour of sending the e-mail) with the information about the continuous subscription. If there is no response from the side of the User, the 3rd business day after the end of the test period, the Service Provider shall consider it as a service order and the conclusion of the contract. The subscription is created, and a 12-month fee of the subscription package applies according to
the number of search profiles the User created during the test period.

8.3. The validity of the promotional period for changing service provider is the duration of the valid subscription with the other service provider and one further year (12 months) from the date of its expiry.

8.4. The change of service provider benefit is granted only once to any legal or natural person holding a user account in the ICP platform.

9. Liability for Displayed Content

9.1. The Service Provider provides only an easier access to public procurement announcements with its ICP Service. It does not provide content itself, does not collaborate in the preparation of the content transmitted by, nor does it edit any of these contents. The Service Provider is not in any way responsible for the information displayed through the service, in particular for its accuracy and correctness.

9.2. The Service Provider in connection with the its Service provides a search service in accordance with the relevant Hungarian law (Section 2 of the 2001. CVIII law). Accordingly, the Service Provider shall not be obliged to verify the information made available through the Service, nor to seek facts or circumstances indicating the existence of unlawful activities.

10. International Use of the Website

10.1. Given the international nature of the service provided by the Website, the User is obliged to act in accordance with the applicable national and Hungarian legislation when using the Website. If any activity related to the use of this website is not permitted under the law of that state, the User is not entitled to use the service. In such a case, the User is solely responsible for any use that may be made despite the prohibition.

11. Change of tariff plan

11.1. User may modify his/her existing subscription as follows. By paying a difference fee, the User is entitled to switch to a higher tariff plan at any time during the subscription period that allows him/her to set more search profiles than in the current tariff plan.

11.2. If the User wishes to opt for an other tariff plan for the period after the current subscription, the User may do so even during the period of the current subscription. The User is able to select any available tariff plan by paying the appropriate subscription fee.

12. Modify User Data, Delete Registration

12.1. In event of a change in the user information provided during or after the registration, the User is required to modify the user information provided by the user in the online interface of the service in accordance with the changes.

12.2. After the registration process, the User is required the create a password by clicking on the activation link in the e-mail sent after filling in the registration form on the website. The User is obliged to keep the password secret and is responsible for keeping it secret. If the User becomes aware that an unauthorized third party has access to the password the User shall immediately change his/her password. The User is solely responsible for damages resulting from failure to comply with the above obligations.

12.3. The User may request the cancellation of his/her registration from the ICP Service at any time. In such case, the user account will be deleted from the ICP platform. An exception to this is if the User ha obligations to the Service Provider at the time of the request for cancellation of registration. In the latter case, the Service Provider shall delete the user account only after the settlement of the debt.

12.4. An exception to the immediate deleting obligation is the data that the Service Provider needs to conduct its business or fulfill its legal obligation, including, in particular, billing and transaction data, but may only be used by the Service Provider to the extent and for the period strictly necessary or legally required.

12.5. The Service Provider reserves the right to delete the User’s registration at any time.

13. Privacy

13.1. The provisions relating to data management and the protection of users’ personal data apply only to natural persons, since personal data may be interpreted only in relation to natural persons (Act LXIII of 1992 on the Protection of Personal Data and the Publicity of Data of Public Interest).

13.2. The use of the Service Provider’s services requiring personal data and the provision of the data is entirely voluntary. Data Providers’ right to the Data Management is based on the
User’s permission upon the registration and the relevant Hungarian laws.

13.3. The Service Provider shall always handle the personal data in accordance with the Hungarian legislation in force.

13.4. The Service Provider uses the data provided by the User for statistical purposes in addition to the identification of the User and does not forward it to third parties. The Service Provider shall also use the data provided by the User and generated during the use of the Service in order to display advertisements related to the Service via e-mail, other kind of emails and in the administration interface tailored to the User’s needs. The User may also
contribute to data processing for further purposes. Data processing is done in an automated way by computerized data processing.

13.5. The Service Provider shall take appropriate security measures to protect the data it maintains, including technical and organizational measures and procedures for enforcing data protection rules, in particular unauthorized access, alteration, disclosure or deletion, or injury or against destruction.

13.6. The User may correct or delete data upon his/her request to the Customer Service of the ICP. Other rights related to data management may be also exercised through the Customer
Service of the ICP by e-mail (info@infocp.es)

13.7. The User may seek for legal remedy in accordance with the applicable laws if in his/her opinion the Service Provider does not comply with the data management, data security or communication, rectification or deletion requirements contained in the legal acts. Prior to going to court, User is required to call Service Provider to comply with the requirements, stating precisely the infringement that he/she believes has occurred.

14. Unilateral amendment of the Terms of Use

14.1. The Service Provider has the right to unilaterally modify these Terms of Use (including the amount of the Service Fee) and has to inform the users about these modifications in advance. The amended modifications become effective upon the first use (log in) of the website after the publication of the modifications on the Website.

14.2. Terms of Use Last modified: January 1, 2020

ATTACHMENT 1 TO THE TERMS OF USE

Service Fees

Valid from 1 st of January 2020 until modification