General Terms and Conditions
1. Scope and Subject of the General Terms and Conditions
These General Terms and Conditions (“GTC”) constitute the service contract between HELPERS Hungary (“HELPERS”) (operated by HELPERS Hungary LLC) and the client (the “Client”) and apply to all legal relationships between them for the provision of immigration and business related services. It is implicit that the Client has accepted the GTC when submitting the order with HELPERS. The Client and HELPERS may deviate from the GTC by mutual agreement, in which case the relevant provision(s) in the GTC shall be superseded. Notwithstanding, any deviation from the GTC shall not be legally binding unless confirmed in writing by HELPERS.
2. Offers, Conclusion of Contracts and Service Fee
- HELPERS’ offer is valid exclusively in writing (mail or email) and for a period of 1 month as of the date of the offer, unless a specific validity date is set in the offer.
- A contract will have been entered into after the Client accepts, either verbally or in writing, an offer issued by HELPERS, or if HELPERS sends a written confirmation of an assignment granted by the Client.
- Orders with a value of EUR 1,500 or above shall be subject of a separate written service agreement between HELPERS and the Client.
- Unless the Client giving the assignment explicitly states that he/she is acting on behalf of a third party at the moment the contract is entered into and unless he/she states the name and billing address of this third party, HELPERS will consider the person who has given the assignment to HELPERS to be the Client.
- The service fee is stated in the offer provided by HELPERS to the Client.
3. Modification and Cancellation of Orders
- In the event that the Client makes any changes or additions to an assignment after the contract has been entered into, HELPERS shall be entitled to charge an additional fee and/or alter the delivery deadline.
- An order may be cancelled within 14 days after it has been confirmed only if performance has not yet started.
- The cancellation of an order is only valid if made in writing (mail or email).
- HELPERS offers most of its services on a prepaid basis. If an order is cancelled while the service is being performed, HELPERS shall provide the Client with the work performed to date, and the parts not yet performed or delivered may be refunded (see section 8: Payment).
4. Execution of Orders, Delivery and Delivery Deadline
- HELPERS agrees to carry out the Client’s order in a competent and professional manner.
- If the date/time of completion of the service constitutes a substantial element of the order, the Client shall include this fact when placing the order. Delivery deadlines shall not be valid unless they have been expressly confirmed by HELPERS in writing. HELPERS agrees to immediately inform the Client of any circumstances that may delay an agreed delivery date/time.
- The Client is held to do all that is necessary in order to make timely delivery by HELPERS possible.
- If the Client fails to provide HELPERS with the materials necessary for carrying out the service in due time, as agreed in the order, HELPERS shall be entitled to extend the delivery deadline with the time period of the delay.
- HELPERS may request, and the Client agrees to provide, additional information, documentation, or other reference materials pertaining to the service under contract. The Client shall supply such material and/or information to HELPERS at the Client’s own risk and expense.
- HELPERS shall observe strict confidentiality regarding all information made available by the Client. HELPERS shall take all reasonable steps to secure that every internal and external service provider who gains access to the Client’s information keeps it in strict confidence. HELPERS cannot be held liable for any unforeseen third party violation of their duty of confidentiality.
- HELPERS and the Client agree to keep strictly confidential all business, proprietary and other confidential information of the other party, which has become known to either party during the business relationship and after said relationship has been terminated. Both parties agree to take special care that all such information is kept confidential from third parties not involved in matters of the business relationship between HELPERS and the Client. All contractual agreements between the Client and HELPERS shall be kept securely and away from unauthorized access. The confidentiality obligation will remain in effect even after the business relationship or contractual agreement(s) is ended.
- The Client consents to HELPERS indicating the Client as a reference in HELPERS’ marketing materials.
6. Quality Complaints and Warranty Claims
- Complaints regarding the quality of the services must be filed by the Client immediately, but no later than one week after the receipt of the respective materials. The Client shall be liable for any damage arising from the delayed filing of the complaint. The quality complaint or warranty claim, together with the supporting evidence, shall be filed with HELPERS in writing. Stating a quality complaint or a warranty claim shall not necessarily release the Client from their obligation to pay.
- In case of a valid quality complaint or warranty claim, the Client shall grant HELPERS a reasonable period of time to improve or substitute the materials. Should the Client deny this possibility to HELPERS or engage a third party to remedy the deficiencies, then HELPERS shall be released from its obligation to improve or substitute the product.
- Should HELPERS remedy the deficiencies within the agreed period, the Client shall be obliged to pay the full amount of the invoice.
- Should HELPERS fail to correct the deficiencies within an appropriate extension of the deadline, the Client may terminate the contract or may claim a fee reduction. In the case of minor mistakes, the Client shall not be entitled to terminate the contract.
- HELPERS is liable for the damages caused to the Client, pursuant to the general rules of the Hungarian Civil Code. HELPERS accepts no liability for any damages suffered by the Client attributable to the Client’s actions or inaction. HELPERS shall not be liable for the Client’s loss of profit. HELPERS shall under no circumstances be liable for other forms of damage, such as consequential damage, loss of profit or other losses.
- HELPERS shall be obliged to indemnify proven damages up to a maximum amount of 50% of the service fee, exclusive of applicable taxes, but not exceeding EUR 200 per assignment.
- Unless otherwise agreed in writing, the Client undertakes to pay the agreed service fee via bank transfer, by credit card or in cash in advance, before HELPERS starts providing the service.
- In case of late payment, the Client shall be obliged to pay additionally the applicable late payment interest.
- Should the Client delay in payment, HELPERS retains the right to suspend any ongoing assignment for the Client until the full payment of the outstanding service fee is made. This measure is also applicable to those Client’s orders where a fixed delivery deadline was agreed with HELPERS.
- In case a service is cancelled, a refund might be available in inverse proportion to the extent the service has been performed.
- Unless there is an explicit, written agreement to the contrary, the copyright to any documents produced by HELPERS shall rest with HELPERS. Upon payment of the full amount indicated in the invoice, according to HELPERS’ payment terms, the copyright of the document passes to the Client. Any use of a product before receipt of full payment is deemed as full acceptance of the service rendered by HELPERS without reservation.
- The Client shall indemnify HELPERS against any and all claims by third parties in respect of alleged violation of property rights, patent rights, copyrights or other intellectual property rights to the execution of the contract.
10. Applicable Law
- All legal relationships between the Client and HELPERS shall be governed by Hungarian Law. All legal disputes are subject to the jurisdiction of Budapest, Hungary.