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General Terms and Conditions (GTC)

 


SystemLock Kft.
Effective as of: November 21, 2025.

 

1. Name of the Service Provider

Name of the Service Provider: SystemLock Kft.
Company registration number: 01-09-380206
Registered office: 1173 Budapest, Pesti út 17.

2. Customer Service Contact Details

Customer Service: Monday to Friday 09:00–17:00
Phone: +36 30 157 0877
E-mail: support@syslock.hu
Fault reporting (0–24): by e-mail or via the Customer Portal / ticketing system

Mailing address: 1173 Budapest, Pesti út 17.

3. List of Data Required for Concluding the Contract, Contractual Period, Term of the Contract

3.1. Prerequisite for concluding the contract

3.1.1. A basic condition for concluding the contract is that the Customer provides the Service Provider with the data necessary to identify the Customer (Customer’s name, registered office, mailing address, tax number, contact details: administrative/technical contact: name, e-mail address, telephone number, active telephone number capable of receiving SMS messages).

3.1.2. The Service Provider reserves the right to verify the authenticity of the data provided. If the Customer provides false data required for concluding the service contract, the Service Provider shall be entitled to terminate the contract with immediate effect and may claim, as liquidated damages, an amount equal to 12 months of contractual fees, or, if the contract was concluded for a fixed term, the contractual fees due until the end of the fixed term. In addition, the Customer shall be obliged, pursuant to the rules of liability for damages caused outside the contract, to compensate the Service Provider for its full loss, including the value of the services provided since the conclusion of the contract and any further damages suffered by the Service Provider.

3.1.3. If the Customer is a natural person, by accepting the GTC the Customer declares that they had reached the age of 18 at the time of concluding the contract.

3.2. Contractual period, term of the contract

3.2.1. As a general rule, the contract is concluded for an indefinite term. By mutual agreement of the Service Provider and the Customer, a fixed-term contract may also be concluded, which shall be agreed upon by the Parties in an individual contract.

3.2.2. The contract conclusion process:

The Customer acknowledges that if they fail to provide the data specified in Section 3.1, the Service Provider shall be entitled to reject the order or to terminate any contract already concluded with immediate effect. A further basic condition for using the service is the payment of the first service fee on the basis of the first issued pro forma invoice.

3.2.2.1. Ordering by e-mail

In the case of ordering by e-mail, the contract shall be concluded between the Parties as follows:

  • the Customer sends their order by e-mail to the Service Provider, who prepares an individual contract corresponding to the ordered service and the data provided by the Customer, and sends it to the Customer for signature, to the mailing address provided by the Customer. The Parties shall consult with each other in writing (by e-mail) on the content of the individual contract before its finalization and signing.
  • if the Customer accepts the individual contract, the Customer shall be obliged to sign it in a legally binding corporate manner and return it to the Service Provider by one of the following methods: a, scanned copy – signed copy b, by post – signed original
  • on the basis of the signed contract received by it in one of the formats listed above, the Service Provider shall promptly begin installing the service after receipt
  • the Service Provider shall promptly sign the contract received by it in signed form and in one of the formats listed above, and shall send it to the Customer’s mailing address after receipt.
  • The start date of the contract shall be the date of the technical handover of the service, of which SystemLock shall promptly notify the Customer by e-mail.

3.2.2.2. Online contract conclusion process

In the case of online contract conclusion, the contract shall be concluded between the Parties as follows:

The contract between the Parties shall be concluded when the Service Provider automatically and immediately accepts the Customer’s electronically submitted online order, provided that all necessary data is available. Following financial settlement of the payment request issued on the basis of the order, the Service Provider shall promptly begin installing the service. If the Service Provider intends to deviate from the content of the order, it shall be obliged to indicate this, and the Parties shall consult with each other in writing regarding the exact content of the order acceptable to the Service Provider as well. The Service Provider may withdraw from the contract or terminate the contract before the start of the service, while refunding the fee.

The start date of the contract shall be the date of the technical handover of the service, of which SystemLock shall promptly notify the Customer electronically.

3.2.3. A fixed-term contract shall automatically convert into an indefinite-term contract, under the conditions specified in the service contract, after its expiry if the Customer continues to use the service for at least one calendar day and does not notify the Service Provider in writing 30 days prior to the expiry of the fixed-term contract.

3.2.4. By concluding the contract and/or using the service, the Customer accepts as binding upon themselves the provisions of the contract and these GTC, which form an inseparable part thereof.

3.3. Responsibility of the Customer

3.3.1. The Customer may not allow any other person to use the service.

3.3.2. The Customer shall not be entitled to transfer or assign to any third person the rights to which they are entitled under the contract.

3.3.3. The Customer shall bear full responsibility for all use of the service where access takes place through their own password.

3.3.4. The Customer shall bear full responsibility for keeping their password confidential. The Service Provider shall be obliged to keep the Customer’s password confidential from third parties. The Service Provider shall communicate the Customer’s password only to the Customer.

3.3.5 The Customer shall be obliged to notify the Service Provider in advance if, on the devices they intend to use, they wish to carry out activities such as “mining” or any other activity causing and requiring an extreme, above-average load. In such cases, the Service Provider shall be entitled to refuse the provision of the service or terminate the contract with immediate effect if the extreme load exceeds the Service Provider’s normal standards regarding equipment wear, operational safety, and continuity of operation.

3.3.6 The Customer acknowledges that, in the event of using the services partially detailed in Annex 1 regarding system administration operation details, the Customer submits themselves to the system administration activities related to operation and their effects.

4. Certain Cases of Contract Modification

4.1. Unilateral contract modification

4.1.1. The Service Provider shall be entitled to unilaterally amend the GTC if this is necessary, based on incoming customer needs, in order to improve the quality of the service. In addition, the Service Provider shall be entitled to unilaterally amend the GTC if justified by a change in legislation or an authority decision; or by a material change in circumstances – in particular with respect to energy, labor costs, and equipment. In other cases as well, the Service Provider shall be entitled to amend any provision of the GTC, in which case it shall notify Customers of the amendment by publishing the amended GTC on its website at least fifteen (15) days prior to the amendment entering into force. If the Customer does not wish to accept the provisions of the amended GTC, the Parties shall first initiate consultations regarding a possible amendment of the contract, and if such consultations do not lead to a result, the Customer shall be entitled to terminate the contract in writing with 30 days’ notice.

4.1.2. In the event of a material amendment, the Service Provider shall be obliged to publish the change to the GTC on the website 30 days before the amendment enters into force and notify the Customer thereof by e-mail. A material amendment shall mean, in particular, an amendment relating to quality target values.

4.1.3. If the unilateral material amendment contains provisions that are disadvantageous to the Customer, the Customer shall be entitled to terminate the contract within 15 days of the notification without any further legal consequences. However, in such a case the Customer may not terminate the contract if the Customer has undertaken to use the service for a specified period and concluded the contract taking into account the resulting benefits, and the amendment does not affect the benefits received. If the amendment affects the benefits received and the Customer terminates the contract, the Service Provider may not claim the amount of the benefit falling on the period after the termination of the contract.

4.1.4. The Service Provider shall not be obliged to apply the notification deadline set out in this Section to amendments of the general terms and conditions when the amendment becomes necessary due to the introduction of a new service and the amendment does not affect the general contractual conditions relating to services already provided.

4.1.5. Modification of the service fees does not require amendment of the GTC; the fees do not form part of the GTC. The service fees are accepted by the Customer at the time of concluding the contract and/or ordering the service for the first month of the contract; thereafter, the current price is included in the payment request for the current month. With regard to periods following the month of contract conclusion, the Service Provider reserves the right to increase prices; the Customer shall be notified of any price increase, price reduction, and current prices by sending the payment request and/or the invoice. Monthly fee modifications do not apply to the added value of the services provided by the Service Provider; the fees for such services do not change regularly after the order, only following an announcement by the Service Provider, typically no more than once a year, in line with inflation.

4.2. Changes in the Customer’s data

4.2.1. The Customer shall be obliged to notify the Service Provider in writing of any changes in its data and in the data of its representative within no more than 8 business days from the occurrence of the change. The Customer shall be obliged to notify the Service Provider in writing without delay of any liquidation, voluntary dissolution, or bankruptcy proceedings initiated against the Customer after such proceedings are commenced. The Service Provider shall not be liable for damages arising from the Customer’s failure to notify changes in the above-mentioned data, but may claim compensation from the Customer for any loss incurred in connection therewith.

4.2.2. If the Customer is a legal entity and wishes to change the owner of the customer account forming the basis of invoicing (whether due to a data change or an assignment of the contract), the Customer shall be obliged to initiate this by ticket within their customer account. The ticket must contain the changed data, in particular the exact name, tax number, and company registration number. The Service Provider shall be entitled to verify the legal status of the company. Following verification, the Service Provider shall be entitled to reject the request if it did not arise exclusively due to a data change (name or registered office). In the event of acceptance, the Service Provider shall modify the basic data, while the Customer shall be obliged to change the address and other data in their customer account.

5. Cases and Conditions of Restricting the Service, Reducing the Quality or Other Characteristics of the Service

5.1. The Service Provider shall not serve new customer requests if the Customer has invoice debt older than 15 days.

5.2. The Service Provider may, with prior or simultaneous notice to the Customer, restrict the service in different ways in the following cases, or reduce its quality or other characteristics.

5.2.1 The Service Provider distinguishes the formal aspects of restrictions by service type as follows:

  • Web hosting: the web hosting and e-mail service shall be suspended; during this time the website will not be available on the internet, and mail delivery shall be paused.
  • VPS: during the period of restriction, the VPS server shall be shut down.
  • Dedicated server: in the event of restriction, internet access shall be suspended, but the hardware device shall not be shut down.

5.2.2. In the event of a 15-day payment delay, the Service Provider may hold a 30-minute warning suspension once per day between 8:00 and 16:00; in the event of a 30-day payment delay, the Service Provider may shut down the service. The Service Provider shall be obliged to notify the Customer 5 days before both events at the e-mail address provided. The Service Provider shall not be liable in the event of unsuccessful notification due to an unreported change in the Customer’s data.

5.2.3. If the Customer settles the outstanding fee (or undertakes installment payment), and after settlement of the outstanding fee indicates the request for reconnection to the Service Provider, the Service Provider shall be obliged to terminate the restriction of the service, and the reduction of its quality or other characteristics, without delay. During the lifting of the restriction, the Service Provider shall reactivate the service in exchange for a reconnection fee. If the Customer requests a payment extension in writing before falling into delay, or at the latest upon notification by the Service Provider of the delay, undertakes to pay any possible costs related to the delay, and provides sufficient guarantee therefor, the Service Provider shall not apply the above restrictions until the 30th day following the expiry of the payment deadline.

5.2.4. The following cases shall constitute a breach of contract by the Customer, in which cases the Service Provider may restrict the service:

  1. If the Customer hinders or endangers the proper operation of the Service Provider’s network, in particular,
    1. in the event of a DOS/DDOS-based or any other attack endangering the network
    2. in the event of endangering the secure and stable operation of the Service Provider’s system
    3. by carrying out activities aimed at illegal access to the Service Provider’s system or another external system

  2. The Customer uses the service provided to send unsolicited mail. In order to protect its network and systems, the Service Provider may refuse the receipt and/or forwarding of such unsolicited commercial or unsolicited bulk e-mails, as well as large-volume letters, by means of software and/or hardware tools. Unsolicited mail shall mean electronic messages that: contain commercial or other information and the recipients did not expressly request to receive such e-mails; or are mass-sent, high-volume e-mails whose content is substantially identical and the recipients did not expressly request to receive such e-mails.

  3. The Customer uses the service provided to send an electronic mail that:
    1. intentionally falsifies or conceals the sender’s e-mail address.
    2. contains a virus-infected attachment
    3. contains, as an attachment, an executable file that performs activities contrary to the interests of the recipient(s) or the Service Provider, and such activity may take place even against the good-faith will of the recipient.
    4. contains content offensive to social values and human dignity. This includes, for example, misleading, vulgar, sexual, violent content, e-mails inciting unlawful acts, or stirring religious or political conflict.

  4. The Customer uses the service provided to attempt or carry out unauthorized data acquisition, data transmission, or intrusion into other computer systems, in particular:
    1. viewing, obtaining, or attempting to obtain without authorization non-public or trade secret data or files stored on internet users’ personal computers or servers, or used while browsing the internet,
    2. modifying or attempting to modify without authorization data or files stored on internet users’ personal computers or servers,
    3. uploading or attempting to upload without authorization data or files to internet users’ personal computers or servers that may compromise the affected user or adversely affect the operation of the computer,
    4. using computers and their resources belonging to others for one’s own purposes without authorization (e.g. proxy servers, e-mail servers, printers, network gateways, and other connected hardware devices).

  5. The Customer uses the service provided to store or transmit on the Customer’s server data or information that:
    1. was obtained without authorization or infringes copyright
    2. is offensive to social values and human dignity. This includes, for example, misleading, vulgar, sexual, violent content, content inciting unlawful acts, or stirring religious or political conflict,
    3. violates the provisions of applicable laws,
    4. may mislead anyone about the characteristics of the product offered by the Customer or the content of the service, or about their price.

  6. In the event of any technical problem where, despite the Service Provider’s request, the Customer does not take steps to remedy the problem that has arisen, or refuses to cooperate with the Service Provider in order to remedy the problem.

  7. If the Customer resells the service to a third person without the Service Provider’s consent.

  8. The Customer is not reachable at the contact addresses (e-mail, telephone, mailing address).

  9. In the event that publication using the Service Provider’s equipment does not violate the above rules, but nevertheless triggers significant social resistance or significantly harms the Service Provider’s business interests, the Service Provider reserves the right to identify the publisher, initiate negotiations with them for the termination of the publication, and disclose this fact publicly. If the Service Provider is required to terminate the accessibility of any published content, the Service Provider shall be obliged to comply, and in connection therewith the Customer and the publisher shall not be entitled to assert any claim against the Service Provider; the Service Provider expressly excludes its liability in such cases.

  10. If the Customer exceeds the data traffic limitations specified in their contract, the Service Provider shall be entitled to suspend the service for the remainder of the current period, unless a separate agreement regarding the overuse is concluded between the Customer and the Service Provider.

5.3. If the Customer has multiple subscriptions and breaches the provisions of these general terms and conditions and/or the individual contract in relation to any one of them, the Service Provider shall be entitled to apply the sanction described above to all of the Customer’s subscriptions simultaneously with immediate effect.

6. Cases of Suspension of the Service

6.1. The service may be suspended for reasons falling within the Service Provider’s sphere of interest, including those listed in Section 6.6 and other similar reasons, and may also be suspended in the cases defined below.

6.2. If, during use of the service, the Customer uses the service in such a way that as a consequence it affects the service or its quality in any manner, violates internet ethical rules, or refuses to cooperate with the Service Provider, the Service Provider may suspend the provision of the service.

6.3. If the Customer operates the equipment used for the service contrary to the contract, modifies it, or connects another device to it without authorization, the Service Provider may suspend the provision of the service.

6.4. For restoring the availability of the service, the Service Provider shall charge a reconnection fee in accordance with Section 5.2.3. If SystemLock must proceed on the basis of Sections 6.1 and 6.2, and engineering costs arise for identifying and correcting the problems, the Customer shall also be obliged to pay the engineering hourly fee incurred.

6.5. The Service Provider shall not be liable for damages caused in connection with suspension of the service arising within the Customer’s sphere of interest.

6.6. Suspension of the service in the event of a cause arising within the Service Provider’s sphere of interest.

6.6.1. If the suspension of the service occurs, in the absence of any other technical solution, due to network restructuring, renovation, replacement, or maintenance, with prior notice to the Customer 15 days in advance, such suspension may not exceed 1 day per occasion and per calendar month (“regular maintenance”). The duration of such suspension shall not be included in the availability period.

6.6.2. Regular maintenance means maintenance activities relating to keeping our technical tools in operable condition, which ensure the continuous maintenance, as a result of the maintenance, of the achievement of the quality target values. Regular maintenance ensures the periodic improvement of operational safety that gradually decreases due to operation, thereby slowing the process of wear and tear of the technical tools. Regular maintenance includes activities requiring maintenance work in order to prevent the failure of the server devices necessary for providing the service (e.g. disk expansion, etc.).

6.6.3. Only maintenance work announced in advance may be carried out; maintenance performed at a time different from the previously announced time shall be possible subject to notifying the Customer 5 days in advance.

6.7. In the case of suspension related to maintenance, the service may be temporarily suspended on the equipment operated by the Service Provider for the period necessary to carry out the maintenance operation required for operation, including maintenance operations related to IT system operation services, under the conditions defined above.

7. Cases of Termination of the Service Contract

The Parties shall not be entitled to terminate a fixed-term contract by ordinary termination. If either Party breaches this provision, it shall be obliged to pay the other Party, within 8 days from the termination of the contract, the full fee for the remaining fixed term as liquidated damages.

7.1. Rules for termination of the contract by the Customer

7.1.1. The Customer shall be entitled to terminate the indefinite-term contract at any time, without giving reasons, in writing, with 30 days’ notice. The primary place for termination of the service is the Customer’s registered customer portal. The Service Provider also accepts termination by e-mail if it is sent from the e-mail address registered in the customer portal to support@syslock.hu. The date of termination of the service contract shall be the 30th day following receipt of the written termination by the Service Provider.

7.1.2. Termination of the contract by the Customer shall not release the Customer from the obligation to fulfill payment obligations that arose during the term of the service contract, and the Service Provider shall also be obliged to continue providing the service during the notice period, while the Customer shall also be obliged to pay the service fee.

7.1.3. The Customer shall be entitled to terminate the contract with immediate effect in the event of a serious breach of contract by the Service Provider, if, despite the Customer’s prior written notice, the Service Provider fails to remedy the breach within 15 days. In the event of termination with immediate effect, the contract shall terminate at the time of the notice of termination.

7.1.4. The Service Provider also offers a special “PAYASYOUGO” product range to its partners. This product range is special and offers products that can only be paid for in advance. These orders are optimized for bank card payment. In this case, the system can be used immediately after payment. After the expiry of the term, the service may be extended any number of times for the given period with another payment. Within 2 days after the expiry of the service term, the service may still be extended together with the data and services stored on the device. On the 3rd day following the expiry of the service term, the service shall be terminated and the data, settings, etc. shall be automatically deleted. If this service is paid by bank transfer, the service shall be activated within 2 business days. Sections 7.1.1. and 10 of these GTC shall not apply to this service.

7.2. Rules for termination of the contract by the Service Provider

7.2.1. Except as specified in Section 7.2.3, the notice period for termination by the Service Provider shall be 30 days. The Service Provider shall be obliged to send the termination of the contract in writing through the customer account; the Service Provider shall not be subject to any obligation to state reasons.

7.2.2. The Service Provider may terminate the contract with immediate effect if the Customer hinders or endangers the proper operation of the service and fails to cease this breach of contract even after receiving written notice warning of the legal consequences. The Service Provider may also terminate the contract with immediate effect if the Customer has any debt outstanding for more than 45 days. On the 1st day after the payment deadline indicated on the payment request, if the delay still persists, the Service Provider shall notify the Customer again on the 5th and 10th days of the outstanding debt, and from the 15th day onward may apply service restrictions as detailed in these GTC. In the event of fee debt reaching or exceeding 30 days, in addition to restricting the service, the Service Provider shall send a final payment notice informing the Customer that if the Customer does not fulfill the payment obligation within the 15-day grace period specified in the notice letter, the Service Provider shall terminate the contract with immediate effect. The Service Provider may also terminate the contract with immediate effect if the Customer repeatedly violates the provisions of Sections 6.2–6.3.

7.2.3. The Service Provider may terminate the contract with fifteen days’ notice with reference to breach of contract if the Customer resells the service to a third person without the Service Provider’s consent.

7.2.4. If the Customer settles the payment arrears within the grace period, the Service Provider shall not terminate the contract with immediate effect.

7.2.5. The contract may also be terminated by mutual agreement of the Parties and shall also terminate if either contracting Party ceases to exist without legal successor.

7.2.6. After termination of the contract, the Service Provider shall conclude a new contract with the Customer only if the Customer has no outstanding fee debt arising from the use of the service, or if the previous contract was not terminated due to termination within 1 year resulting from the Customer’s fault. If the Customer settled their debt only with significant delay and the Service Provider terminated the contract due to non-payment, the Service Provider shall be entitled to make the conclusion of a new contract conditional upon payment by the Customer of a deposit corresponding to the Customer’s previously outstanding debt or up to twice that amount.

7.2.7. Termination of the contract shall not release the Customer from the obligation to fulfill payment obligations that arose during the term of the contract. In the event of overpayment by the Customer, the Service Provider shall be obliged, up to the amount of the overpayment, to refund the fee upon the Customer’s written request to the bank account number or postal address specified therein.

7.2.8. The Customer shall be obliged to notify the Service Provider if they do not receive an invoice, as this does not release the Customer from payment for the service.

7.2.9. In the event of commitment for a loyalty period, the services are determined at a discounted fee. In the event of termination by the Customer before the expiry of the loyalty period, or termination of the contract due to the Customer’s breach of obligations or for reasons arising within the Customer’s sphere of interest, the Service Provider may oblige the Customer to pay compensation. If the contract terminates within the fixed term, the Customer shall be obliged to pay the Service Provider in a single sum, as overdue debt and as liquidated damages, the difference between the normal fee and the discounted fee for the period up to termination of the contract.

8. Fault Reporting Contact Details, Undertaken Fault Repair Target Values, Procedure for Recording Fault Reports

8.1. The Service Provider shall be obliged to operate a fault reporting service and a technical customer service continuously 24 hours a day, 365 (366) days a year, where the Customer may directly report malfunctions of the service. The procedure of the fault reporting service and the technical customer service shall be identical in the case of fault reports and other reports. In these GTC, the expressions fault reporting service and technical customer service have the same meaning.

8.2. The customer service shall be available to the user as long as the Customer pays all fees for the services used in accordance with these GTC and the Customer’s contract remains in force.

8.3. The Customer may report a fault by telephone number and e-mail address. After detecting the fault, the Service Provider shall promptly begin fault diagnosis and repair, and shall continue doing so continuously until successful completion. The fault repair deadline shall be a maximum of 72 hours from the time reported by the Customer, or the time required by the nature of the fault.

8.4. The Service Provider shall be obliged to record fault reports, the results of the fault diagnosis procedure, and the measures taken on the basis of the fault repair in a traceable manner, and to preserve such records for at least one year in compliance with data processing rules. The record shall contain:

  1. the Customer’s notification address or other identifier
  2. a description of the fault phenomenon
  3. the time of fault reporting (year, month, day, hour)
  4. the cause of the fault
  5. the method and time of eliminating the fault (year, month, day, hour)
  6. the method and time of notifying the Customer

8.5. On the basis of the examination performed, the Service Provider shall be obliged to notify the Customer promptly and with appropriate justification that

  • the fault could not be detected during the examination, or the fault arose due to a cause within the Customer’s sphere of interest
  • the repair of the fault has been started
  • the repair of the fault cannot be undertaken within the availability period, therefore what percentage monthly fee reduction will be provided to the Customer
  • the fault is not located on equipment operated by the Service Provider

8.6. Fault repair target values

The Service Provider shall be obliged to repair the fault reported by the Customer that proved to be real as a result of the fault diagnosis procedure within the deadline set out in these GTC from the reporting thereof. If the repair was not possible at the time agreed between the Service Provider and the Customer due to reasons beyond the Service Provider’s control, the deadline available for repair shall be extended by the duration of the downtime.

8.6.1. In the event of delayed or defective performance of the contract, the Service Provider shall be liable for the diminution in value caused to the Customer’s assets. This is the value by which the Customer’s existing assets decrease as a result of damage caused by the Service Provider. The Service Provider shall not be obliged to compensate lost profit, nor any compensation or costs necessary to reduce or eliminate pecuniary or non-pecuniary disadvantage suffered by the Customer. The Service Provider shall not be obliged to compensate that part of the damage which resulted from the Customer not acting as would generally be expected in the given situation in order to avert or reduce the damage. The Service Provider expressly excludes its liability for compensation for such damages.

8.6.2. If, as a result of the fault, the service cannot be used, and the Service Provider thereby fails to meet the annual availability level specified in Annex 2 of these GTC, the amount of the contractual penalty shall, for each day of defective performance exceeding the fault repair target value, equal the amount calculated per day on the basis of the average of the fees paid by the Customer for the given service under the service contract during the six months preceding the reporting of the fault. In the event of a service relationship shorter than six months, the basis of calculation shall be the amount calculated per day on the basis of the average of the fees paid during the entire term of the service relationship. If, as a result of the fault, the Customer is only able to use the service at a quality lower than the quality undertaken by the Service Provider, the Service Provider shall pay half of the contractual penalty defined in this Section. The Customer expressly accepts this limitation of liability.

  • Lump-sum compensation for total data loss

In the event of proven total data loss caused by the Service Provider’s fault, the Service Provider shall be obliged to pay lump-sum compensation to the Customer. The amount of the lump-sum compensation shall be equal to the fee for the service for the current month or, in the event of advance payment, the amount of the fee attributable to the given month. The Customer acknowledges that, due to the specific nature of the provision of the services, beyond this the Service Provider shall not be liable for damages caused by the data loss or for the costs necessary to eliminate them, except in cases where applicable Hungarian laws do not permit the exclusion or limitation of liability.

8.6.3. In the case of monthly fee payment obligation, the Service Provider shall credit the contractual penalty in a single amount on the occasion of the next monthly settlement.

8.7. Within the scope of the Customer’s obligations of damage prevention and mitigation, the Customer undertakes to notify the Service Provider without delay if the Customer notices that the Service Provider’s service is not working or is not working satisfactorily. The Service Provider shall not be liable for damages and/or costs arising from the Customer’s failure to fulfill this obligation or only fulfilling it with delay.

8.8. The Service Provider shall do everything possible to ensure the efficiency and continuity of the service at all times. Under this contract, the Service Provider shall not be liable for damages arising from malfunctions or inadequacies outside the Service Provider’s sphere of interest.

8.8.1. If a fault or defective operation of the web hosting or VPS service occurs due to a fault arising within the competence of another provider (e.g. infrastructure or telecommunications provider), the Service Provider undertakes to notify the Customer thereof electronically, provided that the Customer has given a mobile number or e-mail address (e-mail, SMS).

8.8.2. In the event of damage caused to the Service Provider by the Customer or any third person (whether contractual or non-contractual damage), the provisions of the Civil Code in force at the relevant time shall apply to compensation and certain cases of liability. The Customer acknowledges and accepts that the Service Provider does not exercise control over and does not assume liability for the content of information passing through the Service Provider’s host computers, network hubs, and POP points (the “Service Provider Internet Network”), as well as through the Internet – including data loss resulting from software or hardware errors, malfunctions caused by viruses, or external intervention. The Customer declares and warrants that the Customer’s use of the services does not infringe the copyright or other intellectual property rights, other personal rights, or property rights of the Service Provider or any third person; furthermore, the Customer shall be responsible for the operation of the software installed by them and for the content of the data stored on the server. In the event of any third person asserting such restrictive claims, the Customer shall – without prejudice to their obligation to pay damages – directly act at their own expense in protection of the Service Provider’s legitimate interests.

8.8.3. Force majeure: Neither Party shall be liable for the performance of its contractual obligations in cases where unforeseeable circumstances outside the sphere of interest of either Party (Force Majeure) arise that prevent the performance of the contract and/or the use of the service. Such circumstances include in particular: acts of war, rebellion, sabotage, bombing, serious disruption of the energy supply or natural disaster, server attacks, hacker attacks, unauthorized access, work stoppage, measures taken pursuant to the Defense Act or Police Act by the bodies authorized thereunder, as well as faults arising outside the Service Provider’s competence.

8.9. The Service Provider reserves the right to make audio recordings of calls received on customer service telephone numbers, and shall in all cases inform the caller before the recording begins. If the caller does not consent to the recording, the given matter may only be handled through another customer service channel. If the Service Provider recorded the conversation, it shall make the audio material available to the caller upon request within the storage period. The Service Provider shall store the recorded audio materials for 1 year following the day of recording.

9. Method of Resolving Disputes Related to the Service

In the event of any dispute – if the individual contract and/or these GTC do not contain provisions regarding such dispute – the provisions of the applicable Hungarian laws shall apply. The Parties shall primarily attempt to settle their legal disputes through consultation; if the Parties cannot reach an amicable agreement within a reasonable period, the Parties accept the jurisdiction of the ordinary courts competent under the applicable laws and having jurisdiction according to the Service Provider’s registered office for resolving legal disputes arising from the contract.

10. Fees for the Services, Payment Terms

10.1. Billing method, frequency, and time of delivery of invoices

10.1.1.  The current service fees of SystemLock are available on the website www.syslock.hu. The fees do not form part of the GTC; the Service Provider shall be entitled to modify the pricing in accordance with Section 4.

10.1.2. The Service Provider primarily issues an e-invoice to the Customer, which includes the fees for the services used. Upon special request by our Customer, a paper invoice may also be sent, but in this case the postal cost of sending the invoice shall be borne by our Customer. The Customer shall be obliged to settle the invoice within the payment deadline indicated on the invoice.

10.1.3. Billing process

The start date of the contract is the date of the order, while the service itself starts at the earliest upon receipt by the Service Provider of the service fee specified in the payment request, but no later than the date of the technical handover.

Following settlement of the amount indicated on the payment request, the electronic invoice prepared for our Customer shall show the date on which the amount received by us was credited, which shall at the same time constitute the invoice issue date, the payment deadline, and the settlement date as well.

Notifications applied in connection with the billing process:

  • At the time of ordering, upon creation of the payment request
  • 2 days before the expiry date
  • 5 and 10 days after the expiry date
  • 8 days before the billing anniversary date, when the payment request is generated.
  • When the payment has been made.

In the event of late settlement of an invoice claim, the Service Provider shall be entitled, pursuant to the Civil Code, to charge default interest at the prevailing central bank base rate + 8%.

10.2. Monthly service fees

10.2.1. The Customer may also pay the service fees for several months in advance with respect to the monthly service fee, in which case the Service Provider may grant a fee discount under an individual agreement. If, before the expiry of the prepaid period, the Service Provider is forced to restrict the service due to a reason arising within the Customer’s sphere of interest, the Service Provider shall be entitled to cancel the fee discount and invoice to the Customer the proportionate part of the difference between the service fees payable on a monthly basis and the discounts from the beginning of the discounted period until the start date of the suspension, and the Customer shall be obliged to pay this amount to the Service Provider.

10.2.2 In the case of fixed-term services, the Service Provider may grant a discount from the service fee until the end of the fixed term. If the Customer terminates the service before the expiry of the fixed term, or if the Service Provider terminates it for a reason arising within the Customer’s sphere of interest, then, upon termination and in addition to what is described in Section 7.2 of these GTC, the Customer shall be obliged to pay in one sum, as liquidated damages, the discount used for the months received at a discounted rate, but for at least half of the discounted period.

10.2.3 The amount of the discount may vary. At the time of ordering, the discount applicable to the given service appears in the customer account.

10.3. One-time fees

The Service Provider may charge a one-time fee in accordance with the remuneration conditions of the selected service, payable in the first invoice due.

10.4. Modification of the billing period

The Service Provider shall be entitled to modify the billing period. Notification thereof shall be sent to the Customer in writing or electronically 15 days prior to its introduction. The Customer may obtain information on the currently valid billing cycles from SystemLock customer service.

10.5. Default interest

The Service Provider reserves the right to charge default interest at the rate specified in the laws in force at the relevant time, from the first day of delay until the date of settlement of the debt, if the Customer fails to meet the payment deadline indicated on the invoice.

10.6. Intermediated service

If, in connection with the services provided under these GTC, the Service Provider also provides an intermediated service to the Customer, the Service Provider shall clearly indicate the fact of the intermediated service on the invoice. The Customer acknowledges that the Service Provider uses services from third parties for the services provided by it, which it resells to its customers as intermediated services.

The Customer acknowledges that, in order to provide certain services (in particular virtual server rental / VPS service), the Service Provider may use infrastructure operated by a third party. In such a case, the Service Provider shall act vis-à-vis the third party in the Customer’s interest.

The Customer further acknowledges that the third party’s (infrastructure provider, data center, network provider) technical and security regulations, as well as acceptable use policies (AUP), in harmony with the provisions of these GTC, shall also apply to the Customer. The Customer shall be obliged to refrain from any activity that violates these provisions.

If, due to violation of the third party’s requirements, illegality, abuse, or an authority request, it becomes necessary to restrict, suspend, or terminate the service, the Service Provider shall be entitled – and if required by the third party or authority, obliged – to take the necessary measures.

The Customer acknowledges that in the event of service outage due to malfunction, maintenance, or any other reason within the third party’s infrastructure, restoration also depends on the third party’s cooperation and procedures; the Service Provider shall promptly take the measures expected of it and inform the Customer.

11. Notification Procedure

11.1. Notification procedures

11.1.1. The Service Provider may fulfill its obligation to notify the Customer by e-mail – to the e-mail address provided by the Customer – and through the “Customer Portal” service of the system operated by the Service Provider. The Service Provider maintains a ticketing system, and “tickets” generated within that system shall also be deemed official notifications. For certain services, the Customer shall also be obliged to provide an SMS-capable telephone number for notification purposes, and notifications sent thereto shall also be deemed official notifications. If the Customer does not provide the contact details necessary for notification, SystemLock cannot fulfill its notification obligation and therefore shall bear no responsibility for failing to do so. In all cases, SystemLock sends a “ticket”, which is recorded by the system and proves fulfillment of the obligation to notify the Customer. In the event of initiating legal proceedings, SystemLock shall also notify the Customer by post, via registered mail with acknowledgment of receipt.

11.1.2. The Service Provider shall be obliged to publish the general terms and conditions and any changes thereto on its website.

12. Data Protection Provisions

12.1 Provisions relating to data processing by the Service Provider

12.1.1 The Service Provider processes the data of its Partners in line with the principles set out in 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 Regulation 95/46/EC (hereinafter: “GDPR”).

12.1.2 The detailed rules of the Service Provider’s data processing are contained in the current Privacy Policy published on the Service Provider’s website.

12.2 Provisions relating to the Service Provider’s data processing activity

The Service Provider informs its Partners that, with regard to the following services, the Service Provider performs data processing activity under the GDPR in respect of the data stored by the Partner on the server for the Partner.

  • system administration operation
  • virtual server rental
  • hosting service
  • storage service

During use of the service received from the Service Provider, Partners may store personal data in compliance with the applicable laws and the GDPR. In this case, the Partner shall qualify as Data Controller, and the Service Provider shall qualify as Data Processor. Responsibility for the lawfulness of the data processing and for compliance with the GDPR – in particular, but not limited to, informing data subjects – shall rest with the Partner (Data Controller).

For the purposes of this chapter, the Service Provider shall hereinafter be referred to as the “Data Processor”, and the Partner shall hereinafter be referred to as the “Data Controller”.

Subject matter of the data processing: the data processing extends to the provision of technical infrastructure for the data processing carried out by the Data Controller in the course of providing the service used by the Data Controller.

Duration of the data processing: determined by the Data Controller, but at most the duration of the existence of the specific service and the availability period of security backups.

Type of personal data, categories of data subjects: determined by the Data Controller; the Data Controller transfers such data by uploading content containing personal data to the infrastructure of the Data Processor.

In order to ensure the security of the data, the Data Processor draws attention to the critical importance of regular and up-to-date updating of program code.

The Data Processor records temporary technical files (log files, web server traffic logs, etc.) generated during use of the service and by use by third parties, in order to maintain and ensure the operation of the systems; on the basis of the data learned during this activity, it does not seek to identify specific persons.

The duty to record and report to the supervisory authority any data protection incidents affecting the data processed by the Data Controller shall rest with the Data Controller.

The Data Processor ensures the confidentiality, integrity, and resilience of its systems.

12.2.1 Processing of the Data Controller’s personal data

The Data Processor:

  • shall comply with all applicable data protection laws when processing the Data Controller’s Personal Data;
  • shall carry out data processing activities solely for the purpose of providing the service used by the Data Controller;
  • shall process personal data solely on behalf of the Data Controller and in accordance with the Data Controller’s instructions, including the transfer of personal data to a third country, unless the processing is required by laws applicable to the Data Processor; in such case, the Data Processor shall be obliged, to the extent permitted by the applicable laws, to inform the Data Controller of the given legal requirement prior to the given processing of personal data;
  • shall maintain the confidentiality of the personal data processed under the service
  • without prejudice to the service provided by it to other partners, shall make available to the Data Controller all information necessary to demonstrate compliance with the obligations specified in Article 28 of the GDPR, and shall also allow and facilitate audits carried out by the Data Controller or another auditor appointed by the Data Controller, including on-site inspections.

12.2.2 The personnel of the Data Processor

The Data Processor shall take reasonable steps to satisfy itself that the employees, agents, or contractors of the Data Processor and all further data processors who may have access to personal data are reliable and are bound by confidentiality obligations.

The Data Processor shall ensure that access to personal data is strictly limited to those persons who need to know the given personal data and need access thereto, to the extent strictly necessary for fulfilling the purposes specified in the contract between the Parties and for complying with applicable laws.

12.2.3 Security

Taking into account the state of the art of the data processing, the cost of implementation, as well as the nature, scope, context, and purposes of the data processing, and the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Data Processor shall implement appropriate technical and organizational measures with regard to personal data to ensure a level of protection appropriate to the risk, including, where applicable, the measures set out in Article 32(1) of the GDPR.

The Data Processor shall assist the Data Controller in complying with the obligations under Articles 32–36 of the GDPR, taking into account the nature of the data processing and the information available to the Data Processor.

In the event of a possible data protection incident, the Data Processor shall cooperate with the Data Controller and take reasonable steps in accordance with the instructions given by the Data Controller in order to assist in investigating, mitigating, and remedying the given data protection incident.

12.2.4 Engagement of Additional Data Processors

The Data Processor shall be entitled to engage additional data processors. When engaging an additional data processor, the Data Processor shall observe the conditions set out in Article 28(2) and (4) of the GDPR.

12.2.5 Deletion or return of Personal Data

Within 5 (five) days from the completion of the provision of any Service involving the processing of Personal Data (the “Completion Date”), the Data Processor shall be obliged to call upon the Data Controller to declare in writing, within 10 (ten) days from receipt of such request, which of the following tasks it requests the Data Processor / Additional Data Processor to perform:

  • to return to the Data Controller, by secure file transfer and in a format reasonably indicated by the Data Controller to the Data Processor, a complete copy of all of the Data Controller’s Personal Data; and (b) to delete and have deleted all other copies of the personal data processed by the Data Processor or any additional data processor; or
  • to delete and have deleted all copies of the personal data processed by the Data Processor or any additional data processor.

The Data Processor shall be obliged to comply with the written declaration sent in accordance with the above within fifteen (15) days from receipt of the written declaration sent by the Data Controller. If the Data Controller fails to make the declaration set out above within the deadline, the Data Processor shall be obliged to proceed as set out above within fifteen (15) days from the business day following the last day of the deadline.

The Data Processor or any Additional Data Processor may retain personal data to the extent and for the duration required by applicable laws and shall in all cases be obliged to maintain the confidentiality of all such personal data, and shall ensure that the processing of such personal data takes place solely for the purpose(s) specified in the applicable laws requiring their retention; any processing for a different purpose is prohibited.

Within twenty (20) days from receipt of the written declaration of the Data Controller / or from the last business day of the deadline open for making such declaration, the Data Processor shall be obliged to provide written confirmation to the Data Controller that it has fully complied with the provisions of this Section.

 


GTC (Annex 1)

GTC (Annex 2)

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