Tallár Law Office
Last modification: 2022. April 5.
1. Definitions
In this document, the following words and expressions have the following meanings:
Service provider
Tallár Law Office (registered office: 1126 Budapest, Kiss János altábornagy utca 23. 1/1.; registration number: 5203; registering chamber: Budapest Bar Association)
Service
Legal services provided by the Service Provider through the Website, in particular consulting (using an online stream interface, via e-mail, telephone or other electronic means of communication), document editing, representation and downloadable document samples.
Terms and Conditions
These General Terms and Conditions, as amended.
Agency contract
The contract between the Customer and the Service Provider for the provision of the Service, which bears the above address.
Customer
The natural or legal person who has entered into an agreement with the Service Provider to use the Service.
Intellectual Property Rights
Rights to any patents, trademarks, service marks, copyrights, extracts from databases, rights to industrial designs, know-how, confidential information and any other intellectual or industrial property rights, whether registered or not, or regardless of whether they can be registered or not, and whether they exist in Hungary or in any other part of the world, together with any and all reputations related to or related to them.
Third Party Intellectual Property Rights
Third Party Intellectual Property Rights Used in the Service.
Website
The Internet website available at www.legisly.com, its sub-sites and other Internet sites operated by the Service Provider.
Data: all information and facts provided by the Customer to the Service Provider and the Service Provider to the Customer in connection with the Service. Data constituting a lawyer’s secret (hereinafter: Lawyer’s Secret ): any information, facts or other data that the Client communicates to the Lawyer during the performance of the Legal Services in connection therewith. The Service Provider informs the Client that the Lawyer’s obligations related to the Attorney’s Secret are covered by the Ütv. 9-12. § regulates, according to:
§ 9. (1) All facts, information and data of which the practitioner of the legal profession has become aware in the course of the exercise of this activity shall be deemed to be legal secrecy.
(2) Unless otherwise provided by this Act, a practitioner of the profession of lawyer shall be obliged to maintain the secret of a lawyer. This obligation of confidentiality also extends to a document or other medium containing legal professional privilege.
(3) A legal practitioner shall refuse to testify to legal professional privilege and to provide information in any official or judicial proceedings, unless he or she has been released from his or her obligation of professional secrecy by: – in accordance with Article 12. § (4) – no exemption may be granted validly for the testimony of a lawyer known to be a defense counsel and for the performance of the provision of data.
(4) The obligation of confidentiality of a practitioner of a lawyer shall be independent of the existence of a legal relationship established for the exercise of the activity of a lawyer and shall continue indefinitely even after the termination of the practice of the legal profession or termination of the legal relationship.
§ 10. (1) Unless otherwise provided by law, the practitioner of the activity of a lawyer shall not be bound by the obligation of confidentiality towards the client in whose favor the secret of the lawyer has become known within the framework of the activity of a lawyer. If the subject of legal professional secrecy is information obtained from another person practicing as a lawyer, the legal practitioner may not disclose this to his or her own client involved in the case, unless the person providing the information has expressly prohibited this. The Legal Adviser to the Chamber and the Legal Rapporteur shall not be bound by the obligation of professional secrecy vis-à-vis the employer with whom he became aware of the secrecy of the lawyer in the course of his employment, nor with that employer or the persons designated by his client.
(2) The obligation of confidentiality of the law firm also extends to the members of the law firm, however, the members shall not be bound by the obligation of confidentiality towards each other. If the law restricts activities that may be performed jointly by the same client or opposing clients, but allows the assignments to be performed by different members of the firm in the case of a law firm, those members shall be bound by secrecy and shall ensure that the same employee or agent participate in the performance of the task in relation to only one of the cases concerned.
(3) The practitioner of legal practice shall not be bound by the obligation of confidentiality vis-à-vis an employee.
4. A legal practitioner shall not be bound by the obligation of professional secrecy vis-à-vis his or her substitute lawyer and, to the extent necessary to provide the services they provide, to the following persons:
(a) the data subject used by the person carrying out the storage, archiving, custody or processing of the data media containing the lawyer’s secret and any other person acting as a data processor,
b) a person who provides accounting services to a legal practitioner,
c) the persons involved in the performance of the lawyer’s assignment or other persons used in connection with the performance of the assignment, whose assistance or use has been approved by the client.
Section 11 (1) The obligation of legal professional secrecy § (3) and (4), it also covers persons entitled to know the secrecy of a lawyer.
(2) Chamber bodies and officials shall be obliged to maintain the secrecy of a lawyer which they have learned in the exercise of their duties and powers specified in this Act.
(3) Courts and authorities may treat and use legal professional privilege learned in the course of their proceedings within the framework specified by law applicable to their proceedings.
§ 12. (1) The client or his / her legal successor is entitled to have legal professional secrecy.
(2) In disciplinary and official matters pursuant to this Act, the practitioner of the activity of a lawyer may disclose the secret of a lawyer before the acting chamber bodies and a court to the extent necessary for the conduct of the proceedings.
(3) A practitioner of the profession of lawyer may disclose the secret of a lawyer to the extent necessary for the exercise of his or her right to a defense in criminal proceedings instituted against him or her.
(4) A legal practitioner may, with the consent of his or her client, disclose the lawyer’s secrecy to the extent necessary to detect and prove a criminal offense not committed against or to the detriment of his or her client.
(5) At the request or initiative of a person entitled to dispose of legal professional privilege, in legal, official or other public authority proceedings instituted against a person subject to legal professional secrecy, the legal professional secrecy may disclose legal professional secrecy to the extent necessary for the defense.
2. Introduction
2.1. The Website is operated by Giró Szász és Társai Ügyvédi Iroda (registered office: 1126 Budapest, Kiss János altábornagy utca 23 .; registration number: 240, contact e-mail address: iroda@giroszasz.hu; tax no.: 28335078-2-43; hosting company name and registered office: ELIN.hu Informatikai Szolgáltató és Tanácsadó Kft., 9024 Győr, Déry T. u. 11.) is operated and maintained by Legisly Solutions Kft. as platform provider under an agreement with Legisly Solutions Kft.
2.2. The purpose of the Website is to ensure that Customers can access the Service via the Internet.
3. Scope
3.1. These terms and conditions apply only to the services provided on the Website.
3.2. The scope of these General Terms and Conditions extends to all Assignment Agreements stipulating the scope of these GTC, which the Service Provider enters into with the Customer with respect to the Service.
3.3. The Üttv. 29. § (1), the Assignment Agreement shall be in writing, with the exception of the Assignment Agreement for Legal Advice. In view of this, the Assignment Agreement shall enter into force if the Customer, through the Service Provider – Legisly Solutions Kft. as a platform provider – Trustchain Systems Kft. within 15 days after the acceptance of these GTC with the electronic signature provided by. The Service Provider takes over the assignment of the Contract of Assignment by the customer – Trustchain Systems Kft. costs associated with the use of the electronic signature service.
4. Rights and obligations of the Parties4.
4.1. The Service Provider provides the Service through the dedicated user interface. The Client can access the interface with the username of his choice and the password that can be changed at any time.
The main rights and obligations of the Customer
4.2. By using the Website and the Service provided on the Website, the Customer acknowledges that these General Terms and Conditions are binding on him / her.
4.3. By accepting these General Terms and Conditions, the Customer acknowledges that the Service Provider is not responsible for any malfunctions caused during the operation of the Website caused by the failure of the network system or equipment, including in particular any technical equipment of the Customer.
4.4. The Service Provider provides access to the Website to anyone who accepts and complies with these General Terms and Conditions. Customer for the Service i) after registration, ii) you may use it for a fee for that Service Item. The Service Provider is entitled to refuse the use of the Service and the use of the Website against any person who violates the provisions of these General Terms and Conditions or other legal requirements or other legal regulations related to the use of the Website, and the Service Provider is entitled to claim damages against the aforementioned Customer.
4.5. The Customer is obliged to notify the Service Provider of any changes in the data provided during the conclusion of the contract related to the Services that can be used for a fee within 3 days. The Service Provider is not liable for damages resulting from the inaccuracy of the provided data or the failure to report the data change.
4.6. The Customer is obliged to use the Service in compliance with the law and in a manner that does not violate the rights and legitimate interests of third parties. The Customer expressly acknowledges that the violation of this prohibition constitutes a serious breach of contract, and in addition to the other legal consequences to which the Customer is entitled, the Service Provider shall be entitled to terminate the Assignment Agreement with immediate effect.
4.7. The Customer is obliged to co-operate with the Service Provider to the extent that can normally be expected in order for the Service Provider to be able to fulfill its obligations under this Agreement.
4.8. Customer acknowledges and agrees that in order to use the Service, it must have an appropriate Internet connection, local area network, and workstations. The conditions required for use are set out in Article 1 of these GTC. defined in the System Requirements in the Appendix.
4.9. The Customer is solely responsible for the confidentiality of his / her login data (hereinafter: Login Data ). Unless otherwise provided by law, Customer is responsible for all activities that occur with its Login Data. The Customer shall immediately notify the Service Provider of any unauthorized use of its access or of any breach or risk of security requirements.
4.10. The Customer is obliged to choose a password of appropriate complexity and to change its password at appropriate intervals, but at least every six months. Password management is the responsibility of the Customer. The Service Provider excludes its liability for any damage resulting from the loss of data or data transmission that is not otherwise attributable to the Service Provider in connection with the failure to change the password.
4.11. The Customer is obliged to ensure the virus- and malware-free operation of its own equipment, as well as the protection against unauthorized intruders, at the same time to ensure the minimum parameters of the Customer’s equipment required for the use of the services at all times during the use of the service. The Service Provider shall not be liable for any damage caused by malicious programs, which occurred either on the Customer’s – client-side – equipment or in any of the Customer’s databases.
4.12. Customer represents and warrants that:
i) use the Service only for lawful purposes;
ii) does not transmit or cause to be transmitted through the Service any electronic material (including viruses) that may adversely affect or be harmful to the Services of the Service Provider or any other person;
(iii) ensure that all workstations used to access the Service use appropriate and up-to-date anti-virus software and that appropriate and up-to-date firewall protection is in place between any such computer and the Internet;
iv) use the data generated during the use of the Service only for the permitted purposes and in the form;
v) a 2. has read the list of subcontractors included in Appendix no.
4.13. The Customer further acknowledges that the use of the Service or its proper performance by the Service Provider’s lawyer may require additional data, which it is not obliged to provide, however, failure to do so may affect the proper performance of the Service. The Service Provider informs the Customer that during the use of the Service only the data that is necessary for the proper performance of the Service will be requested from him / her, the data is also covered by the obligation of confidentiality set out above.
4.14. The Customer acknowledges that if the Service Provider countersigns a document during the execution of the order and in other cases specified by law, it is obliged to verify the identity and signature rights of the parties making the legal declaration on the basis of personal documents, company statements or copies of signatures. The countersigned lawyer is also entitled to check the data provided to the party making the declaration or his / her proxy, or the presented certificates, by searching the personal data and address register, the driver’s license register, the travel document register, the central aliens register whether the data provided correspond to the registration data (JÜB data and document control) The lawyer is obliged to indicate the relevant legal transaction in the request for data reconciliation, and to keep records of the legal transaction and the related data request. The Lawyer may use the information obtained during the inspection only in the course of his / her activities related to the preparation of the document, and may only forward it to a court, prosecutor’s office, authority acting in criminal proceedings and a chamber acting in a disciplinary case. Paper copies of the data may be retained by the Attorney, but must be kept separate from other documents and retained for the period specified in applicable law and the Privacy Notice.
5. Customer specifications
5.1 In addition to the provisions of these General Terms and Conditions, the Customer is obliged to comply with the laws of Hungary, as well as the provisions of the codes of ethics related to the use of the Internet, and the Customer shall be liable for any resulting damages.
5.2 The Service Provider handles the data provided by the Customer for a specific purpose, in accordance with the provisions of the Data Protection Regulations, solely for the purpose of providing the Service.
5.3 The Service Provider does not disclose the data to third parties, with the exception of the persons covered by the Privacy Policy, the Service Provider’s subcontractors, and official and court inquiries. When handling the Customer’s data, the Service Provider shall comply with the Üttv .; Act CXII of 2011 on the right to information self-determination and freedom of information. Acting in accordance with the provisions of the Act and the applicable Chamber Code of Ethics and other applicable chamber regulations.
5.4 In order to register and order the Services provided on the Website, you must provide at least the following information:
(A) In the case of a natural person:
• Full name
• His e-mail address
• Phone number
• Billing address
(B) In the case of a legal person:
• Company name
• Headquarter
• Tax number
• His e-mail address
• Phone number
• Name of the person acting on your behalf
5.5 The Service Provider is entitled to check or review the Customer’s data. The Service Provider shall not be liable for any inaccurate or untrue data of the Customer, or for the provision of incorrect or untrue data, or for any damages incurred in connection therewith.
6. Information about ordering services available on the Website
6.1 The contract concluded on the basis of this document will be registered, it will be concluded only in electronic form, and if the signature included in point 3.3 is fulfilled, it will be considered a written contract, written in Hungarian, it does not refer to a code of conduct.
6.2 Correcting data entry errors: Before completing the usage process, the customer can always return to the previous phase, where he can correct the entered data.
6.3 The Customer will receive an e-mail confirmation after the order has been sent.
6.4 If this confirmation is not received by the Customer within the expected time limit, depending on the nature of the service, but no later than within 48 hours from the sending of the Customer’s order, the Customer shall be released from the obligation to make an offer or contract.
6.5 The order and its confirmation shall be deemed to have been received by the Service Provider or the Customer when it becomes available to him. The Service Provider excludes its responsibility for the confirmation if the confirmation is not received in time because the Customer has entered an incorrect e-mail address or is unable to receive a message due to the saturation of the storage space belonging to his account.
6.6 Subject to the provisions of Section 3.3, the Agreement shall enter into force on the day the Customer completes the electronic registration form, completes the customer identification process and accepts the provisions of the GTC, and the Service Provider signs the Service Agreement and confirms and activates the service. The performance deadlines related to the Service shall be calculated from the full fulfillment of the provisions of this clause 6.6.
6.7 The Service Provider sends an e-mail to the Customer about the activation of the Service, ie the conclusion of the contract.
6.8 In order to activate the Service, the fee must be received by the Service Provider in the case of fee-based services. The payment of the fee shall be deemed to have been made when it is credited to the account of the Service Provider. An additional condition for performance is that the payer must be the same as the customer on the Service Provider’s invoice.
6.9 The purchase of the Services available through the Website by the Customer is possible after the selection of the Service to be ordered. The information published on the Website is based on the Civil Code of 2013. Pursuant to the provisions of Act V of 2006 (Civil Code), they constitute an invitation to tender – and not an offer to conclude a contract. Consequently, in the case of ordering electronically on the Website, the Customer qualifies as a bidder.
6.10 The Service Provider shall provide a maximum of fifteen (fifteen) minutes of free contact consultations per customer. The purpose of the consultation is to facilitate the conclusion of the Contract of Assignment and the informed consumer decision-making related to the ordering of the Service. The Service Provider is entitled to reject requests from a customer for free consultation if they do not comply with the provisions of these GTC or are unable to serve them due to a lack of capacity.
6.11 The Service Provider and the Customer agree and the Customer expressly acknowledges that the paid online consultation can only be used at a pre-agreed time. If the consultation agreed on the online interface provided by the Service Provider at the pre-agreed time is attributable to the Customer, the Customer will lose the paid fee and will not be entitled to a new consultation for the paid fee.
7. Fees
7.1 In return for the provision of the Services that can be used for a fee, the Customer is obliged to pay the fees fixed in accordance with the current tariff.
7.2 The Customer acknowledges that the fees for the Services may vary depending on the complexity of the Service selected by the Customer and the specifics of the particular case. The assignment fee does not include finished expenses, any fees or other similar fees, and costs related to working in the countryside and abroad. The Service Provider is not obliged to advance the costs related to the performance of the Service. The Parties agree that the form or other order form taken during the performance of the Service shall be considered as a factual outline.
8. The right of withdrawal of the Customer who qualifies as a consumer
8.1 If you purchase as a consumer, you are entitled by law to withdraw from the Service on the Website, which you may exercise within fourteen (14) days of entering into the Service Agreement.
9. Payment methods, information on order processing
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9.1 When ordering the Service, the Customer may choose from the following payment methods:
a) via the Internet, with the help of the service provided by OTP Simple Pay, within the framework of which it is possible to fulfill your payment obligation in a completely secure manner, protected by appropriate encryption;
b) The (a) by mutual written agreement of the Customer and the Service Provider.
9.2 Orders are processed on business days, and on the weekends and public holidays the website’s customer service is suspended.
9.3 The customer service is available at the contact details of the Service Provider defined above.
10. Requirements for the Service Provider
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10.1 The Service may differ from the illustration displayed on the Website and illustrating the expected design of the Service. The Service Provider shall not be liable for any discrepancy between the illustration on the Website and the visual representation of the actual Service, or for any damage resulting therefrom or related thereto.
11. Support, bug reporting, bug fixes
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11.1 The Service Provider undertakes 95% annual availability for the Service. Downtime does not include outages due to pre-announced maintenance, as well as circumstances beyond the control of the Service Provider (including, but not limited to, external malfunctions affecting all or part of the Internet service, such as permanent power outages, line outages, fire, other accident) resulting in service outages and the duration of the work required to eliminate them, for which the Service Provider does not take any responsibility.
11.2 The liability of the Service Provider in the event of a breakdown of the Service shall only apply if the Customer has brought the given fault to the Service Provider by e-mail in such detail that it can be clearly understood, identified and limited by the Service Provider. The date of notification of the error shall be the date when the Customer reports the error in a manner that is clearly understandable, identifiable and identifiable to the Service Provider. The Customer’s delay shall not be charged to the Service Provider. It is not considered a delay if the Service Provider delays in the performance of its task due to reasons beyond its control.
11.3 The Customer expressly acknowledges that the Service is considered to be working as intended, provided that the defect does not limit the operation of the essential elements of the Service.
12. Limitation of Liability
12.1 The Parties agree that the Service Provider shall not be liable for any damages exceeding the maximum amount of the compulsory attorney liability insurance used by the Service Provider upon concluding the contract in accordance with clause 6.6. The limitation in this section shall not apply to liability for breach of contract caused intentionally or to the detriment of human life, limb or health.
12.2 The Service Provider shall not be liable for damages arising from errors that occur outside its area of interest or that cause the restriction of the use of the Service outside its area of interest. The Service Provider is interested in the central system of the Service and the Website. These interests constitute the demarcation points necessary to establish the liability of the Parties for the proper performance of the contract or for breach of contract. The Service Provider shall not be liable even if the Service cannot be provided in its entirety due to the inoperability of certain service elements belonging to the Customer’s interests, in particular the availability of the Service on the Internet.
12.3 The Parties further agree that the Service Provider shall provide advice only in accordance with and based on Hungarian substantive and procedural law in accordance with this Agreement and shall exclude the Service Provider’s liability for all transactions where the parties apply substantive law other than Hungarian law.
13. Intellectual Property Rights
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13.1 In the case of free downloadable documents, Customer shall have the non-exclusive right to access, view, use and otherwise display copies of the relevant video content or other content on its device or otherwise use it as part of the Service, for personal use only, as expressly permitted by these GTC. , not for commercial purposes. In accordance with the provisions of these GTC, all rights, title and interest in the Service and the video content not expressly granted to the Customer are reserved.
13.2 The Client acknowledges that – the Üttv. or unless otherwise provided by law – does not acquire any intellectual property rights in or related to the Service and that it has no other rights in relation to Intellectual Property Rights other than the license to use them under these GTC.
13.3 A 13.1. The precondition for the right of use set out in point 1 is that the Customer fully fulfills its obligations regarding the payment of the Service Fee.
14. Privacy and protection of trade secrets
14.1 The Service Provider shall store the data obtained during the performance of the Service for the period specified in the Privacy Policy published by the Service Provider on the Website.
14.2 The Service Provider shall not be liable for any damage resulting from the unforeseen total or partial loss or damage of the data generated during the use of the Service, which occurred due to an event beyond the Service Provider’s control. The Service Provider makes regular backups for restoreability.
14.3 The Customer agrees that the Service Provider will use the log files and system information generated on the client side during the use of the Service in order to perform the Service and improve the customer experience.
14.4 Subject to the obligation of legal professional privilege imposed on the Service Provider, by concluding the Outsourcing Agreement, the Parties undertake to treat all facts, information, data, which have come to their knowledge not brought to the attention of the persons concerned.
14.5 The Parties shall ensure that the Parties maintain business secrets during their legal relationship with the Customer or the Service Provider, as well as after the termination of the legal relationship for any reason, without any time limit.
15. Termination due to force majeure
15.1 The Service Provider is entitled to terminate or suspend the Customer’s access to the Service with immediate effect if the Customer fails to fulfill its payment or other obligations under these Terms and Conditions or the Contract of Assignment or violates any other restrictions on the use of the Service. the fee paid by the Customer but not affected by the performance of the Service will be refunded.
15.2 The Service Provider shall not be liable for force majeure, ie the Service Provider shall not be liable for any unavoidable event not attributable to the Service Provider, or for war, civil insurrection, termination of employment, natural disaster or other unavoidable situation, epidemic situation significantly impeding or making it impossible. performance of the Service. Force majeure is a physical damage to the telecommunications network that cannot be blamed on either party, as a result of which the provision of the Service is temporarily or permanently impossible.
15.3 Force majeure circumstances release the Service Provider from the fulfillment of its obligations under the Assignment Agreement to the extent that the force majeure event prevents the Service Provider from fulfilling its contractual obligations and as long as the effect of the event in question persists.
15.4 In the event of force majeure, the Service Provider shall immediately notify the Customer of the occurrence and termination of the force majeure event and of all relevant circumstances related to it during its existence.
16. Conciliation Board
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16.1 In the event of a legal dispute between the Service Provider and the Customer, the Customer may forward the Customer’s complaint to the Service Provider by post or e-mail, which the Service Provider shall investigate and inform the consumer in writing by e-mail or post within 14 days of receipt of the complaint. The consumer is entitled to request a written consultation from the Service Provider at the above contact details within 8 days of receiving the response, if the Service Provider does not accept what is written in the complaint. If the conciliation does not lead to a result within 14 days of receiving the consumer’s request to that effect, the consumer may also apply to a conciliation body.
16.2 Name and postal address of the competent conciliation body according to the registered office of the Service Provider:
Veszprém County Conciliation Board
8200 Veszprém Radnóti tér 1.
E-mail address: info@bekeltetesvesztprem.hu
Phone: +36 88 814 121
Fax: +36 88 412 150
consumer sales.kormany.hu
17. Miscellaneous provisions
Entry into force
17.1 The effective date of these GTC is 2021. January 13 day. The Service Provider reserves the right to unilaterally amend the GTC. In the event of an amendment to the GTC, the Service Provider shall publish the new terms and conditions on the Website and notify the Customer of the amendment of the terms and conditions and the date of entry into force in the space shown on the Website. Failure to do so will not affect the entry into force of the new GTC.
Partial invalidity
17.2 If any provision of these Terms is held by any court of competent jurisdiction to be invalid, unlawful or unenforceable, such provision will be severed from these Terms and the remaining provisions will continue in full force and effect as if the Terms had been made without the unlawful or unenforceable provisions. for acceptance by the Parties.
Applicable law
17.3 These terms and conditions are governed by the laws of Hungary.
Full agreement
17.4 The Terms and Conditions and the Contract of Assignment contain the entire agreement between the parties and, unless otherwise stated, supersede all previous provisions and agreements (if any) between the parties (which shall be deemed to have been terminated by mutual agreement), including any statements made orally or otherwise by the parties prior to the Commencement Date.
Appendices
1 .: System requirements
2 .: List of Cooperating Lawyers
Appendix 1: System Requirements
Minimum technical requirements to be provided by the Customer for the entire duration of this contract in the event of termination at service endpoints:
· 512 MB RAM
· Operating system: Windows 10/8, Mac OS X, Linux
· Browser: Chrome, Safari, Firefox 3+, Opera
· Resolution: minimum 980 x 550 pixels
· In order to guarantee the maximum quality of the Service, the necessary technical requirements for the Internet network used at the place of use of the endpoint are required:
· At least 10 Mbit / s
· At least 4 Mbit / s for videos and streams
Appendix 2. List of cooperating lawyers
