General Terms and Conditions

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Purpose and subject of the GTC

These GTC are issued by Streamnet Zrt. (hereinafter referred to as the Contractor) with the purpose of laying down the terms and conditions of cooperation between the Contractor and the Customer in a consolidated form. The subject matter of these GTC is any transaction entered into between the parties under the effect of these GTC.

Offer, order, confirmation, conclusion of the contract

The Contractor shall prepare and send an offer to the Customer, in which the Contractor is entitled to specify how long the offer will remain valid. If the Contractor does so, the Contractor shall be bound by its offer until the date specified.
 

By placing an order using the Contractor’s template or the Customer's own form, the Customer accepts the Contractor's offer. The Customer's order shall become binding upon the confirmation issued by the Contractor with the content of the order with number referred to in the confirmation, with which a contract shall concluded between the parties. In case of any discrepancy between the offer and the confirmation, the confirmation shall prevail, to which the Contractor draws the attention of the Customer. If the Customer has made changes in the order compared to the Contractor's offer, the Customer’s changes shall only become part of the contract if the Contractor accepts them upon written confirmation. If the Contractor rejects the changes made by the Customer completely or in part – in written confirmation – and the Customer does not notify the Contractor in writing that the Customer does not wish to conclude the contract in this way within three (3) calendar days after receiving the refusal, the contract shall be concluded between the Parties with the content accepted by the Contractor.
 

If the Customer decides to withdraw from the contract unilaterally for any reason after the conclusion thereof, but before the start of performance by the Contractor, the Customer is obliged to compensate the Contractor for any damage caused by the withdrawal of the contract within fifteen (15) days after the withdrawal, upon written request of the Contractor.
 

If the Customer decides to terminate the contract unilaterally for any reason after the conclusion thereof and the start of performance by the Contractor, the Customer is obliged to pay the Contractor a proportionate part of the contracted fee in addition to compensate for all damages caused by the termination of the contract, considering that the compensation shall not exceed the contractor's fee. Ordering of tools and equipment by the Contractor for the benefit of the Customer is also considered as the start of the contractor's performance.
 

In all cases, the Customer is obliged to pay the price to the Contractor of the tools and equipment ordered by the Contractor and to take over them at the time and place specified by the Contractor. The Contractor is entitled to invoice the Customer for the purchase price of tools and equipment ordered by the Contractor within five (5) days after termination of the contract.

Obligations of the Customer

The Customer – excluding contracts relating exclusively to the supply of goods – is obliged to provide the following conditions in order the Contractor to be able to start fulfilling its obligations and carry out them without hindrance:
 

- ensuring access to the work area and continuous work during working hours for the employees and subcontractors of the Contractor during the term of the contract,

- providing the general infrastructure conditions (230 V, air conditioning/heating, drinking water, toilet use) required for on-site work including the proper use of elevators for work free of charge,

- providing a lockable, protected, dust-free storage room for on-site storage of the delivered tools, materials and assets from the commencement of the Contractor's work until the end of its performance,

- in case of the Customer has its own or rented parking spaces, providing parking facility free of charge for the Contractor with a sufficient number of vehicles that can be driven with a category "B" license in the building or within a radius of 100 meters after handover and acceptance of the work area, until the completion of the technical handover procedure,

- ensuring the necessary cabling paths, wall electrical boxes, floor boxes, wall penetrations, wall reinforcements, suspended ceiling cutouts, drywall rework, 230 V sockets and surge protection of the building for the system supplied by the Contractor, as well as the implementation of all other prerequisites declared in the contract according to the agreed schedule,

- providing a functional, tested, patched LAN network necessary for the system supplied by the Contractor, including structured cabling endpoints and necessary LAN switch ports,
 

- ensuring the environmental (pre)conditions necessary for the operation of the equipment to be installed by the Contractor (e.g. adequate humidity and temperature, air conditioning in the server room), with special regard to a dust-free environment. Failure to do so may result in loss of warranty,
 

- taking property protection measures in the work area during the performance of the Contractor, responsible guarding of materials and tools placed in the work area at the Customer's own expense,
 

- ensuring the possibility of performing noisy work during pre-agreed periods and working hours as well,
 

- as the services indicated in the Contractor's offer do not relate to construction of high-voltage current, low-voltage current, and protective tubes, therefore they are provided by the Customer.
 

If the Customer fails to provide the above listed prerequisites for the start of on-site work, the Contractor is entitled, at its option, to refuse to hand over the work area or to decide to take over the work area with (i) charging a one-time flat-rate organizational cost equal to 30% of the net construction fee as compensation for its increased costs due to the inadequacy of the work area is entitled, which he is entitled to enforce in his invoice due next, (ii) on the other hand, the construction deadline shall be automatically extended by the duration of the obstruction without any further legal declaration.
 

If the Contractor needs additional information from the Customer in order to fulfill the order, the requested information shall be provided by the Customer within two (2) working days after the written request of the Contractor. The Customer's delay will result in the deadline for delivery being extended in proportion to the delay.
 

In the event of a change in the Customer's company data or significant elements affecting its management, the Customer shall inform the Contractor thereof in writing.

Prices & Payment

The prices given by the Contractor in the offer are always net prices, they do not include the amount of VAT.

The Contractor shall be entitled to issue the invoice on the basis of the delivery and acceptance protocol certifying the performance of the contract. The Customer shall pay the invoice amount by the final date specified in the invoice issued by the Contractor. Payment by the Customer shall be deemed performed when the full amount is credited to the Contractor’s bank account or paid into the Contractor’s petty cash. Upon payment, the Customer must provide the number of the invoice that has been paid.
 

To finance the supplies and equipment the Contractor is entitled to issue its partial invoice. Regarding the partial invoice the Contractor offers the following opportunities (Option A and Option B) to the Customer. The Customer is entitled to declare its choice in the Order. In case the Customer does not declare its choice between option A and option B, the Contractor will be entitled to choose and inform the Customer about the chosen option in the Confirmation.

Option A
The Contractor issues a call for advance payment for the 50% of the gross contracted price together with the Confirmation. The Contractor issues the advance invoice for the advance payment received in accordance with the Accounting Act. The outstanding part of the contracted price shall be invoiced in the final invoice by the Contractor and the final invoice includes the settlement of the advanced payment.

Option B
The Contractor issues its first partial invoice when 50% of the contracted supplies and equipment (50% is based on the total contracted price) had been shipped to Contractor. First partial invoice contains 50% of the total contracted price. The Contractor issues its second partial invoice of the outstanding 50% of the contracted price when Contractor shipped the outstanding part of supplies and equipment to the Customer. In case the Contractor renders other services apart from purchasing supplies and equipment to the Customer, Contractor issues its invoice of services once the ordered services had been rendered by the Contractor.
 

Until the full payment of the invoice of supplies and equipment (first and second partial invoice in case of Option B), the delivered supplies shall remain the property of the Contractor.
 

If the execution works following the delivery cannot be completed by original deadline specified in the contract due to the Customer’s request or delay, the Contractor shall be entitled to partial performance and issue an invoice corresponding to the stage of completion.
 

It is considered as Customer delay if payment is not settled until the due date of payment deadline. Until full payment of the invoice, the Contractor shall be entitled to default interest for late payment in accordance with Section 6:155 (1) of the Civil Code. In case of a delay in payment exceeding thirty (30) days, the Contractor shall be entitled to terminate the contract with immediate effect.
 

If the Customer owes the Contractor, the Contractor shall be entitled to set off payments first against previous debts, including first against interest and the costs. The Customer is not entitled to set-off pursuant to Section 6:49 of the Civil Code.
 

If there is a change in the exchange rate exceeding one and a half (1.5) percent of the EUR/HUF central rate published by MNB after the disclosure of the offer by the date of issue of the Contractor's invoice, the Contractor is entitled to unilaterally modify the price specified in the offer to the extent corresponding to the exchange rate fluctuation. In case of a model change executed by the manufacturer, the Contractor reserves the right to perform by supplying a functionally compatible predecessor or successor model.
 

Handover-receipt of goods, performance
For goods ordered, the place of acceptance of the goods is the place specified in the confirmation. The Contractor shall notify the Customer of the delivery of the ordered goods no later than the expiry of the deadline for delivery. The exact time of delivery shall be agreed between the Customer and the Contractor’s representative. The Customer shall make the delivery of the goods possible within eight (8) days at the latest after the Contractor’s notification of arrival of the goods and shall duly inform the Contractor in writing of the name of its agent authorised to accept the goods by the time of the delivery and acceptance. If the Customer fails to do so, the Contractor may, at its option, (i) lawfully perform for an employee located at the Customer’s premises, (ii) the Contractor shall be entitled to charge a penalty of half (0.5) percent per day of the contract value of the delayed goods. The Contractor shall be entitled to claim damages from the Customer in excess of the penalty.
 

If the Contractor fails to deliver the ordered and confirmed goods to the Customer by the deadline stated in the confirmation for reasons attributable to the Contractor, the Contractor shall have a grace period of five (5) calendar days to make up for the delivery. If the Contractor fails to deliver the goods to the Customer after the expiry of the above deadline, the Contractor shall, upon the Customer’s written request, provide the Customer with another product functionally identical to the ordered goods for the period of the delay, excluding contracts in which the goods (device) are also installed.
 

Upon supply of the ordered products, the Customer or the person authorised by the Customer shall certify the acceptance of the goods with a delivery and acceptance protocol. The delivery and acceptance protocol shall be drawn up in two (2) copies, of which one (1) copy shall be for the Customer and one (1) copy for the Contractor. The protocol shall duly certify that the goods have been delivered to the Customer and that the Contractor is entitled to issue an invoice. The Customer shall be entitled to make a claim against the Contractor for any deficiencies noted by the Customer by listing them in the delivery and acceptance protocol.
 

If the Contractor has a contractual obligation not only for the delivery of goods, but also for other services (installation, adjustment, etc.), the Contractor shall send a ready on completion to the Customer. The delivery and acceptance procedure shall be carried out within three (3) working days thereafter.
 

Other provisions relating to performance:
- After the conclusion of the contract, if necessary, the Contractor prepares a system plan, which the parties mutually accept then the coordination and implementation of the work begins. The exact materials and colours to use are always defined after consultation with the Customer.

- The Contractor provides its services on working days (Mon-Fri), during working hours (9:00 – 17:30), otherwise work requested by the Customer at a different time a surcharge of fifty percent (50%) will be added, and one hundred percent (100%) on weekends and public holidays in addition to the amount of the originally agreed fee.

- The Contractor is only able to guarantee the functionality of the systems supplied by the Contractor up to the level the equipment included in the system fulfills the functionality as specified in its documentation. Otherwise, the Contractor’s obligation is to make all effort to achieve the manufacturer to ensure the expected functionality in some way.
 

Force majeure
Neither party shall be liable for late performance caused by force majeure. In the event of force majeure, each party shall bear the damages arosed in its own interest if it does not qualify as an insurance event. The parties agree that from the compensation received as an insurance event, the consideration of the performance of the Contractor not yet paid by the Customer shall first be reimbursed.
 

Force majeure shall include unforeseeable, unavoidable things, circumstances, or events the occurrence of which is out the scope of interest and right of disposal of the parties, if such thing, circumstance, or event prevents the concerned party from the proper performance of its contractual obligations.
 

In the event of force majeure, the party referring to a force majeure event shall notify in writing the other party of the occurrence thereof. The notification shall include a proposal concerning the prevention or minimization of damages resulting from the force majeure. The transformation, liquidation, termination, or insolvency of any party shall not classify as force majeure event.
 

Warranty
The Contractor provides a guarantee of one (1) year from the date of delivery for the goods, products and services covered by these GTC, unless a different warranty period is specified in the Contractor's offer.
 

Reference
The Contractor is entitled to refer to the contract concluded within the scope of these GTC, or to the cooperation related to the Customer or to the work prepared on the basis of the contract as a reference, without obtaining the express and further written
consent of the Customer, if a third party explicitly request such reference in tender, bidding, public procurement procedures or contractual negotiations, or Contractor wishes to include it in its introductory materials.
 

By accepting the GTC, the Customer gives its consent for Contractor to take photographs and/or make video recordings of the work completed under the contract during or after its completion to use it as a reference.
 

For the purpose of use as reference, the Contractor is entitled to disclose the existence of the contract concluded with the Customer and the subject-matter thereof (with indication of the quantity of goods or services comprising the subject-matter of the contract) and to present to third parties requesting references the photographs and/or video recordings of the work.
 

The Customer may not withdraw the consent given in respect of the reference, except in the event the Customer withdrew from the contract with immediate effect due to a serious breach of contract by the Contractor.
 

Scope of the GTC
These GTC are issued by the Contractor with effect from 01.01.2025, which are available to everyone on its website (www.streamnet.hu).
 

The GTC enters into force for the Customer by accepting it by signing its order, therefore the Customer acknowledges that has familiarized, understood, accepted them and undertakes to comply with them.
 

The Contractor is entitled to withdraw, modify or issue a new GTC at any time, but shall notify the Customer thereof in writing by sending the new GTC. Prior to the notification of the revocation or modification to the Customer, these GTC shall remain in force for orders already placed by the Customer, as well as their fulfillment and delivery.
 

Budapest, 01.01.2025
 

Streamnet Zrt.

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