Fingerprint Ltd. - General Terms and Conditions (hereinafter referred to as GTC)
Which cover Fingerprint Trading and Service Company Limited Liability Company
(registered at the Court of Szeged General Court under the company registration number 06-09008262, the
hereinafter referred to as the "Service Provider"), shall govern the contract between the parties
the arrangements for concluding the contract, the content of the service and the technical conditions for its provision,
and the cases of amendment and termination of the contract. The Service Provider shall provide the Customer with
the services specified in a contract to be established separately in one of the following forms
provides:
1) Framework contract and related services,
2.) Provision of services under a specific contract and related purchase order on a permanent, continuous basis
to establish a legal relationship
3.) One-off payment for services provided under a specific contract and related purchase order
a legal relationship requiring performance,
4) Services provided exclusively on request see 2.7
With the exception of the form under point 4, all contracts to be provided under the above listed
the legal relationship for the provision of the service by the signature of the relevant contract by the parties and the
sent by the Customer and approved by the Service Provider for the contract in question
is created by a related purchase order (the order process is conveniently
and the Service Provider's offer in response).
The legal relationship pursuant to point 4.) shall be deemed to be
is created by an approved order. The Customer may terminate any contract with the Service Provider or the
accepts the terms and conditions of these GTC by signing the order form. The GTC shall cover all the terms and conditions set out in this
the Customer as defined in clause 1.1 of the GTC. The provisions of the GTC shall not apply to the Customer and the
Service Provider may derogate by mutual agreement in writing. If the Customer and the Service Provider
the contract governing his/her legal relationship does not provide otherwise, the provisions of the GTC shall apply to the extent that
apply even if not expressly referred to in the contract. If the Service Provider and the Customer
there is a contradiction between the contract between you and the GTC, the provisions of the contract shall
to be considered as authoritative. If the contract concluded between the Service Provider and the Customer and the
there is a conflict between the provisions of the order to which it relates, the provisions of the order shall
to be considered as authoritative.
In force from 1 January 2020 until revoked or amended. With subsequent amendments to the GTC
provisions introduced from the date of publication of the amended GTC on the Service Provider's website
shall enter into force on the 15th day following the date of their publication.
4.
1. CONTRACTING PARTIES
Company data of Fingerprint Creative Communications Agency (hereinafter referred to as the "Service Provider"):
Company.
Head office: 6725 Szeged, Világos utca 17/A
Represented by Gábor Tápai, Managing Director
Tax number: 12937554-2-06
Company registration number: Cg. 06-09008262
Bank account number: Unicredit Bank Zrt. 10918001-00000031-57710004
E-mail: info@fingerprint.hu
1.1 The Customer is any natural person, legal entity or person without legal personality,
organisation, and any other person who has used any of the services provided by the
and you wish to use one of the services described in the introduction.
a legal relationship is established between you and the Service Provider.
1.2. Notification address/e-mail shall be deemed to be a notification address/e-mail for the purposes of the Service Provider
the contract or order does not specify otherwise - the notification address/e-mail indicated in these GTC
address, and for the Customer the notification/email address indicated in the contract or order.
title.
If there is a discrepancy between the addresses of the contract and the related order
the address on the order is the reference.
1.3 The services of the Service Provider, i.e. Fingerprint Creative Agency, are the following:
- Branding
- Advertising and media agency activities
- Offset and digital printing
- Creative work, graphic design
- Web development, programming
- Event organisation
- Decorative design
- PR activity
- Production of promotional gifts
- Filmmaking, photography
- Marketing communication service
- 3D modelling
- VR and AR development
The present General Terms and Conditions apply to the services of Fingerprint Ltd. as set out in section 1.3.
are generally applicable, however, for these services the contracting parties may specify the content of the contract
fixed in an individual contract or order.
1.4. The Service is open on working days from 8.30 a.m. to 5.00 p.m. With a framework contract or individual
at the special request of the Customer who does not have a contract, at an additional charge, at a different time
undertakes creative or marketing activities. If the Customer requests performance within 24 hours
the Service Provider shall, if it otherwise accepts the order, in addition to the work fee 50%-
you may be charged a surcharge. In any case, the Service Provider shall notify the above-mentioned
inform the Customer. The Service Provider shall be at the Customer's disposal during opening hours.
but does not imply exclusivity or immediate fulfilment.
1.5. The general net hourly rates applied by the Service Provider:
General, graphic design hourly rate: 12.000.- Ft
Creative hourly rate: 15.000.- Ft
Programmer's hourly rate: 15.000.- Ft
Consultant hourly fee: 20.000.- Ft
1.6. Commissions applied by the Service Provider
Media intermediary fee: 15%
Agency commission: 8-15%
Project management fee: + 10-20%
2. CONCLUSION OF A CONTRACT:
The Service Provider will provide you with detailed information on the procedure of the contract:
2.1. the Customer shall fully inform the Service Provider of the task, then request an offer
from him. It is important to know the background of the task and the needs and objectives of the Client. A
The client must specify the objective to be achieved, the main elements of the work he wishes to
have content specificities, characteristics and parameters. In the initial discussion, the
the Service Provider shall assist the Customer in defining the task and objectives. Customer
is responsible for ensuring that the material it provides is lawful, not contrary to law or good
morality and any kind of copyright, Fingerprint Creative Agency's industrial property rights or any other
do not infringe any of the rights specified; the Service Provider is not obliged to check these parameters.
2.2. The Service Provider's price offer - unless otherwise stated - within 8 days from the date of communication to the Customer.
is in force, i.e. until that date the Service Provider is bound by the offer, but this does not mean,
that it must start the work specified in the tender during the period for which the tender is binding, or
get it done. The schedule shall be determined jointly by the Customer and the Service Provider.
2.3 The Customer shall send the order, signed (in writing, if applicable) by the Service Provider to.
electronically or in person, by contacting the contact person or the service provider indicated in the GTC.
to a notification address. After the conclusion of the contract, if the Service Provider
does not provide the Customer with an e-mail address ending in @fingerprint.hu, the following shall be deemed to be a valid e-mail address in the introduction to these GTC.
the e-mail address info@fingerprint.hu between the parties having jurisdiction.
2.4 The conclusion of the contract is subject to the Customer identifying his/her identity and address.
or its registered office, registration number, tax number and proof of legal representation, these
however, the Service Provider is not obliged to verify the authenticity of the information. In the event that the Customer, in the contract
the accuracy of the data recorded is the responsibility of the Customer.
2.5. A contract between the Service Provider and the Customer is validly concluded if:
2.5.1. the Client has specified the main formal and content elements of the work to be produced and
2.5.2. the Customer and the Service Provider have agreed on the price of the Service and its
the deadline and
2.5.3. the Customer has filled in the order (contract) with his personal or company data or
accepts in writing the offer sent to it, confirms its acceptance
2.6. On the basis of the order, the Service Provider shall provide the content and form of the work,
including a timetable, which, once mutually signed, will be agreed between the parties.
becomes part of the contract, and the actual work can start once the schedule has been mutually agreed.
The Service Provider is not obliged to verify that the order, the schedule or the contract is
Signed by the person authorised to sign on behalf of the Client.
2.7.
none of the specified contracts is concluded, the legal relationship between the parties shall be governed by the law of the
order and the terms and conditions set out in the applicable GTC.
PROCESSING OF PERSONAL DATA
2.8. The Service Provider is subject to the GDPR (General Data Protection Regulation) - the European Union's new
protects and manages the Customer's data in accordance with the provisions of its Regulation.
2.9 By signing the order form, the Customer gives his/her express and voluntary consent to.
personal data of the Customer which the Service Provider has obtained in the course of fulfilling the order
data for the performance of this contract or for the purposes of the Customer's and/or the Service Provider's rights
to know, copy and process it in order to enforce or fulfil its obligations,
process. The processing of data necessary to comply with the instructions given by the Customer
the Customer warrants that, in relation to the processing of the data, it has
any authorisations from third parties which make it lawful for the Service Provider to
data processing (data management) activities.
2.10 By signing the order form, the Customer also expressly agrees that the contract
or data relating to him or her, the Service Provider may, in order to enforce its claims against him or her.
to a third party.
2.11 Both the Service Provider and the Customer acknowledge that the disclosure of data of public interest
under the relevant legislation, the contract or certain parts of the contract may be
are accessible to certain persons on prior notification to the extent necessary
they can be.
3. THE CONTENT OF THE SERVICE:
Unless otherwise specified in the specific contract 1.3.1,
1.3.4. creative work, graphic design, activities and 1.3.5. web development, programming, 1.3.11.
For marketing communication services, the following shall apply:
The content of additional services not listed above, which the Service Provider is required to provide.
detailed rules shall be laid down by the parties in the relevant contract by means of a separate contract,
unless otherwise agreed by the parties, the provisions of this Chapter of the GTC,
in particular, but not limited to, points 3.4, 3.9, 3.10, 3.14 - 3.24
shall apply mutatis mutandis.
3.1. The Service Provider shall comply with the principles, main characteristics and features defined by the Customer.
(brief), and present it to the Client. The conceptual
plan includes the main elements, predominant colours and fonts used. The Customer
approve the plan he or she has chosen, either in person or in writing, within 48 hours of presentation.
At this point, the finalisation of the plan with final data and further graphic work begins.
In the case of a marketing communication service, the Customer shall provide the Service Provider with the
access access to their agreed platforms, agree on the purpose of the service and
details.
3.2 The conceptual (or layout) plan aims to show the communication solutions, the
style, the essential elements of design. The Service Provider shall prepare the design in such a way that the Client
make the choice clear and simple. The alternatives on offer are strong concepts
which clearly outline the finished work after the drafting process. The plans
are the exclusive property of the Service Provider. The Service Provider may use the plan prepared by him 2 times for the
Changes are made free of charge according to the customer's requirements. In the event that none of the conceptual plans
wins the Customer's approval option
have a new or amended plan. Service provider for an additional design fee (for the concept plan
50%-a), prepare further plans. This is subject to a briefing and clarification of the ideas.
If the specified parameters are substantially changed during the design process, the Customer
upon request, the Service Provider shall inform the Customer thereof and send an additional quotation.
3.3 The graphic and layout designs and social media management used in the
royalties for images, videos and music are not included in the design price. The cost of the royalties shall be borne by the Customer.
the Service Provider shall inform the Customer of this and the amount of the royalties.
The process of making a job:
3.4. The Service Provider shall take into account the relevant provisions of Hungarian law and good
morality, the human dignity of others, reputation, defamation, or authorship,
rights in his or her work or performance protected by industrial property rights or other legal protection, or
exclusive protection, and the Customer's orders to this effect shall not be affected by the
neither in its design nor in its preparation. The Customer shall not use any information which is contrary to law, morality or
in the event of instructions that endanger the life, physical safety or property of others, the Service Provider may withdraw from the contract
and may claim compensation for the damage suffered in accordance with the provisions of clause 5.3.
The Service Provider is not obliged to provide prior information in this respect.
3.5 The Customer shall select the conceptual design that it prefers, which shall be
developing a concrete solution in line with the concept (graphic design, pre-press,
development or other communication service).
3.6.
prepare a pdf file suitable for printing or provide the communication service for approval
will be carried out properly. The Service Provider may, at its discretion, use a subcontractor or other
aide. If the Customer deviates from the plan previously approved by him at the stage of
the Service Provider shall inform the Customer accordingly and send an additional quotation. The deviation
may not seek to amend the substance of the approved plan, unless it does so within the time limit and
the remuneration of which has been agreed in advance by the parties.
3.7. During the proofreading rounds, the final refinement and proofreading of the draft plan is carried out.
Here the Client has the opportunity to make minor changes that do not harm the chosen concept,
ask for changes to the content in particular. If the changes also affect the concept, they should
in which case, the provisions of point 3.6 apply. Corrections shall be made by the Customer
collected and submitted in a document with precise instructions to identify the faulty
content and new materials. Unless otherwise stated, the price quoted includes 2 proofs of
the Customer is obliged to report any errors detected within 2 correction rounds. All
additional proofreading rounds will be charged separately based on the current hourly rates.
3.8. The Service Provider shall provide technical assistance free of charge in connection with the ordered service.
by telephone or electronically within 3 months of the date of delivery.
inside.
REMINDER:
3.9 The Customer acknowledges that the Service Provider will also increase the risk of
The Customer is under an obligation to cooperate and provide information.
to involve a competent contact person, a staff member with the necessary expertise to perform the task, the
to promptly answer any questions raised by the Service Provider, to fulfil the Service Provider's obligations
provide other necessary information and facts without delay and, in the event of a decision, immediately
and make a clear decision.
Obligations of the Customer:
1. Name of dedicated contact person
2. Anyagleadás in the agreed format
3. Taking the necessary decisions
4. Approval or further precise delegation
5. Provide all information necessary to move forward and close the process
CONTRACTUAL SECURITY
3.10. As security for the performance of the contract, the Service Provider may require payment of an advance.
in the case of contractual performance, the amount of the advance payment is included in the contract price.
The amount of the advance payment is 50% of the contract price, unless otherwise specified. If the Service Provider has
refuses performance, cancels the order for reasons not set out in clause 5.4 of these GTC.
performance, the advance payment shall be returned to the Customer, otherwise the Service Provider shall
shall be deemed to be a lump sum compensation if the Service Provider has already started to draw up the plans.
If the Service Provider has not yet started to draw up the plans, the contractual or
be entitled to a lump sum compensation equal to 10% of the fee in the event of failure to fulfil the order. For the advance payment
shall be indicated in advance by the Service Provider in its quotation (order).
The Service Provider becomes entitled to issue an advance invoice on the day the order becomes effective and
the payment deadline for the advance invoice also starts on this date. As long as the Customer has not paid the advance invoice
in full, the Service Provider will not start to perform the contract. On the order
is automatically extended by the time by which the
the Customer pays the advance invoice after the expiry of the advance invoice
TRANSFER OF WEBSITE OR GRAPHIC PRODUCT
3.11. In the case of a Website, the Service Provider shall inform the Customer of the completion of the works, the test version shall be
and make it available to the Customer on the Internet. With the approval of the Customer, he shall certify the
publishability of the test version. The Service Provider shall inform the Customer of the creation of the graphic product
and shall send a sample of the final product to the e-mail address provided by the Customer.
by sending it to.
Place of performance, if not by electronic means by e-mail or FTP server
and from the order form or the specific nature of the service ordered.
unless it clearly follows otherwise, the Service Provider's premises.
3.12. The Customer shall be obliged to use the website, graphic or
take delivery of other products and pay the agreed contract or contractor fee.
3.13. The quotation for the works ordered by the Client does not include the source files
the transfer of. If the Customer also requests the transfer of source files, a separate written agreement shall be concluded for these.
in the absence of such a fee, an amount equal to the contractual or contract fee for the work in question
you must pay the Service Provider.
COPYRIGHT RULE
3.14. The Service Provider shall, unless the Customer has made a separate provision to the contrary, use the
may indicate the authorship and name of the author of the work and use it as a reference without limitation.
you can use. The Service Provider shall have the right to reproduce the website and the right to use the website
you can create a similar website to the one you have taken over without any restrictions. The Customer may exclude that the
use the website or graphic design produced by the Service Provider as a reference, and
create a website or graphic design with your unique, distinctive features. A
The Customer shall expressly notify the Service Provider of this intention in writing at the time of conclusion of the contract.
you must make known to.
Transfer of ownership and right of use rules
3.15. Works produced by the Service Provider or presented at any stage of the work process
plans are protected by copyright and the Service Provider is the sole copyright holder. The property
the rights of the User in relation to the rights granted to the Customer, subject to payment in full of the
from the following dates onwards. The customer shall be entitled to the right to use the works created
access right does not in itself confer any right of use. The right of use
non-exclusive, non-transferable, non-transferable to third parties. The right of use, other
applies to the territory of Hungary and is valid indefinitely. The works shall
the transfer and remuneration of the related computer files, sketches and plans - as it is
is the property of the Service Provider and is not the subject of an individual order - in each case separately
is subject to an agreement.
The Service Provider shall retain title to the materials delivered in the course of the performance of the contract for the full
until the payment of. The use or other conditions of use set out in each order
rights shall be acquired by the Customer upon full payment of the contractual or contract fee.
With regard to the content of the right of use as set out in this clause, the Customer acknowledges,
that he is in breach of copyright if all the payments due to him under the contract
prior to the performance of the Service, the Service Provider shall begin to
the use of.
PAYMENT METHOD, RECEIPT AND VERIFICATION OF PAYMENT
3.16. Following the completion of the works and the delivery of the sample (test version), the Customer shall.
must check and give its approval within 3 working days. In doing so, point 3.19
shall apply mutatis mutandis. This delivery shall constitute qualitative performance.
the part of the check which relates to the external appearance or which would otherwise be
from a sample (test version). If the Customer fails to
his or her silence shall be deemed to be a statement of consent. The Service Provider and the Customer shall
in the event of any dispute between you and us, this approved sample (test version) shall be the
be accepted as subject to.
If approved by the Customer, the Service Provider shall provide the completed work, website and the
with accesses, codes, instructions, etc., and delivers the final graphic product. The website
after delivery, the Customer may raise a quality complaint only after a limitation period of 5 days from
within the time limit.
If no objection is received within the time limit, performance is deemed to be in conformity with the contract.
shall be deemed to have taken place.
3.17. In case of approval, the Service Provider shall issue an invoice to the Customer, which the Customer shall
you can pay in cash or by bank transfer. Payment by bank transfer - unless otherwise agreed - 8
with a payment deadline of one day.
3.18. The products manufactured by the Service Provider shall remain the property of the Service Provider until the invoice is settled.
The customer may not claim any right to them, regardless of whether delivery has already taken place. A
Intellectual Property shall be subject to the provisions of Clauses 3.14 and 3.15.
3.19. Quantitative inspection of the work produced or completed shall be carried out by the Customer at the time of delivery.
and shall notify the Service Provider immediately upon delivery of the goods of any quantitative objections.
If the volume or nature of the work handed over does not allow immediate delivery,
it shall be carried out by the Customer without undue delay, and the Customer shall be liable for any damage caused by the delay.
the Customer is solely responsible for.
3.20. The Service Provider shall archive the completed plans and the accepted, completed work for 2 years, and the
However, you are free to delete it after you have been obliged to archive it without any further warning.
3.21. The contractual or contract price includes the purchase price of the product ordered, the
the consideration for the rights of use in connection with the work and in accordance with the order and
the fees and charges for other services provided in the performance of the contract.
3.22. In case of late payment, the Service Provider shall independently:
a) interest on arrears at twice the legal base rate in force at the time
you can charge,
b) in the event of late payment exceeding the applicable payment deadline by more than 8 days, the
may suspend the execution of the order or other orders of the Customer until the order is fulfilled,
c) in the event of late payment exceeding the applicable payment deadline by more than 15 days, immediate
may terminate the order with effect from the date of the order and may withdraw from orders already placed,
3.23 The Customer's delay in payment shall result in an extension of the related performance deadlines
results in.
3.24 In the event of non-payment by the due date, the resulting up to and including
all costs of claims handling shall be borne by the Customer.
4. CONTRACT AMENDMENT
4.1 The Service Provider is entitled to unilaterally modify these GTC, in accordance with paragraph 2.
within the 15-day deadline. The Service Provider shall consolidate the amendments
publishes its GTC on its website.
4.2. If the contract between the parties referred to in the introduction to the GTC is amended
or if the Customer makes an offer to order a new service, the Customer shall
The Customer fills in another order form and sends or delivers it to the Service Provider. A
confirmation of the valid conclusion of the amendment to the contract - if accepted - by the Service Provider
sends. Amendments to the contract are valid only in writing.
4.3. The Service Provider shall, at the Customer's request, amend the contract previously concluded between them.
will then consider the merits of the proposal or accept a new order from you,
if the Customer has
you do not have any outstanding debts with the Service Provider that are more than 15 days overdue.
5. TERMINATION OF CONTRACT
5.1. A contract concluded between the parties in accordance with the introductory provisions of the GTC shall be
shall cease upon contractual performance.
5.2 The contract between the parties may be terminated without performance:
5.2.1. by mutual agreement of the parties,
5.2.2. by resignation or termination by the Customer,
5.2.3. by the withdrawal or termination of the Service Provider.
5.3 If the Customer wishes to exercise the general right of withdrawal, he shall notify the Service Provider of the
to pay / compensate you for the work performed / damage incurred as follows:
5.3.1 If the Customer exercises his right of withdrawal after the order, at the stage of commencement of work
(the Service Provider has not yet started drawing up the plans, but has made preparations for the contract
project management), you will be entitled to a lump sum for the full contractual or
10% of the contract fee shall be paid to the Service Provider.
5.3.2. if the Client subsequently, at the stage of preparation of the work (if he has already started the plans)
you exercise your right of withdrawal, you will receive 50% of the total contract price or contractor's fee as liquidated damages.
you must pay to the Service Provider.
5.3.3. If the post-correction work on proofreading reversals includes the appropriate features and design elements
but in the subjective view of the Client it is not satisfactory, given that
The Service Provider has completed the majority of the work, the Customer has paid the full contractual and
shall pay the Service Provider the 90% of the Contract Fee. Thereafter, the website or graphic design
the product is delivered to the Customer, in which case the contract shall be terminated for the future
meg.
5.3.4 If the Client does not take delivery of the website or graphic design after the work/product has been completed, the Client shall
design/product, you will be charged 100% of the contract price of the work/product
to the Service Provider, with regard to the Service Provider's contractual performance.
5.4. The Service Provider is entitled to suspend the service or terminate the contract with immediate effect.
terminate (or withdraw from) the contract if the Customer has engaged in any of the following prohibited conduct
testifies:
5.4.1. if the website or graphic design/product to be created - in violation of the law
pornographic, offensive to industrial property rights or infringing the copyright or the good name, reputation or honour of others, or
wishes to place or display materials that are not in good taste.
5.4.2. If the Customer is in default of payment for more than 15 days and does not settle the debt upon request
the debt,
5.4.3. if the Customer is declared bankrupt or is being wound up, or if the Customer is declared bankrupt or is being wound up
el.
5.4.4. If the Customer commits any other serious breach of contract.
5.4.5. If the Customer, despite repeated requests from the Service Provider, does not make a decision, does not provide the
necessary material, information or otherwise prevent the Service Provider from performing its obligations. A
In the event of termination of the contract by the Service Provider with immediate effect, the Customer shall pay the contractual
100% shall be paid to the Service Provider. In the event of extraordinary termination, the orders shall be cancelled
The Service Provider is under no obligation to. The Service Provider may refuse to fulfil such orders in writing.
may withdraw without legal consequences.
5.5. Termination or cancellation of the contract between the parties for any reason shall not
discharges the parties from any outstanding obligations or fees.
5.6. Written communications sent by post in the relevant contract or order -
in the event of discrepancy, the order is to be sent to the address indicated - by registered mail or
as a registered letter with return receipt. The postal item will be dispatched on the 3rd working day after
shall be deemed to have been served (notified), regardless of the fact that the postal service may not have sought it,
has moved or is returning a shipment with any other indication, but the previous communication
can be proven.
5.7 The Customer shall notify any changes in its data and the performance of the contract to the
must notify the Service Provider in writing within 15 days of any other changes relevant to the Service.
6. MIXED PROVISIONS
6.1 The Contracting Parties shall cooperate effectively and closely in the performance of the contract and shall
your interests are taken into account to a large extent.
6.2 The Contracting Parties are obliged to notify and inform each other during the performance of the contract.
When fulfilling this obligation, the written form is preferred.
6.3.
must keep all information, data or other knowledge that is classified as secret and
ensure that the secret is not accessible to unauthorised third parties. Confidentiality
obligation of the Contracting Parties shall survive the termination of the contract.
6.4. The Contracting Parties shall keep in the possession of the other Contracting Party any information
copyright, industrial property rights or rights in a work protected by the Civil Code
are fully respected. This also applies in cases where the products are marked with the
do not identify the Service Provider under the contract.
6.5. The Contracting Parties agree that the Customer's legal representative, the Customer
guarantees any payment obligations arising from the contract. The guarantor
guarantees for the contracts listed in the introductory part of the GTCF or for orders placed by the Customer
or by the signature of a representative.
6.6 In matters not specifically regulated in these GTC, the applicable Hungarian legislation, in particular
the provisions of Act V of 2013 on the Civil Code shall be governed by the following legislation:
6.7 These GTC are valid in Hungarian. Any dispute arising out of or in connection with this Agreement or
in connection therewith, its breach, termination, validity or interpretation
the Parties submit to the jurisdiction of the Hungarian Chamber of Commerce and Industry in addition to the
of the Csongrád County Chamber of the Permanent Court of Arbitration, organised by the
An arbitral tribunal shall act in accordance with its Rules of Procedure. The procedure shall be conducted in accordance with the
sub-regulation (Article 45 of the Rules of Procedure) shall apply.
Szeged, 01 January 2023.