General Terms and Conditions
The following Terms and Conditions shall apply to all contracts and deliveries concluded by and between FS-Dynamics Kft., as the Service Provider and the Client, which are aimed at developing hardware and software solutions based on the Client’s needs.
1. General conditions
1.1 Data of the Service Provider:
- Company name: FS-Dynamics Kft.
- Address: H-6000 Kecskemét, Harkály utca 10., Hungary
- Company registration number: 03-09-135260
- Tax number: 27194854-2-03
- EU tax number: HU27194854
- Name of the registering authority: Company Registry Court of Kecskemét Regional Court
- Managing Director and Founder: Attila Gönczi
- Telephone: +36 (70) 309 4621
- Email: info@fs-dynamics.com
- Website:fs-dynamics.com
1.2 In matters not regulated in these GTC, as well as in the interpretation of these GTC, Hungarian laws shall be applied.
1.3 These GTC shall be effective from 12 April 2023 and shall remain in effect until revoked. Amendments to these GTC will be published by the Service Provider on the website. The amendments shall not affect the previously concluded contracts, that is, the amendments do not have retroactive effect.
1.4 The Service Provider reserves all rights regarding the website, any part of it and the content appearing on it, as well as the distribution of the website. Downloading, electronic storage, processing and sale of the content appearing on the website or any part thereof shall be prohibited without the written consent of the Service Provider.
1.5 The Service Provider shall provide quotations according to the conditions specified in this document, which includes the working fee for the services and the expected costs.
1.6 FS-Dynamics guarantees that it is authorized to perform the service(s) detailed in the quotation.
1.7 If not expressly included in the Contract, the version of FS-Dynamics Kft.’s General Terms and Conditions valid at the time of signing the Contract shall apply to follow-up orders and as part of ongoing business relations.
1.8 The Client acknowledges that any service provided by FS-Dynamics Kft. is unique, designed in accordance with the Client’s needs and is therefore non-refundable.
2. Contract and services
2.1 The Contract may be amended in writing, which requires the consent of FS-Dynamics Kft.
2.2 Unless otherwise stated, all prices are net.
2.3 FS-Dynamics guarantees that it invoices to the Client for the number of working hours that were actually necessary to complete the work. Monitoring of working hours is based on a recording of working time.
2.4 FS-Dynamics Kft. shall be entitled to entrust a third party with the performance of all or part of the contractual services, but it shall be liable for its activities as if it had been performed by itself. FS-Dynamics Kft. undertakes to oblige the third party with the rights and obligations arising from the order, in particular regarding the compliance with confidentiality obligations.
2.5 FS-Dynamics shall be entitled to provide partial services and invoice them to the Client. The Client undertakes to accept the partial service.
3. Termination of the Contract
3.1 The Client may terminate the Contract at any time, however, only with a well-founded reason. The intention to termination shall be submitted in writing to FS-Dynamics Kft.
3.2 In the event of termination: (i) no further work will be performed; (ii) invoice shall be issued for any work that has already been performed and has not yet been invoiced; (iii) the results created up to the date of termination shall be transferred to the Client.
4. Payment terms
4.1 The Client shall make payments no later than five days after the due date. If the claim is not paid within this period, it shall be considered late payment. In case of late payment, the Client shall pay late interest equal to twice the base rate of the European Central Bank.
5. Guarantee
5.1 Design errors committed by FS-Dynamics Kft., its directors, employees, consultants, substitutes or subcontractors shall be corrected by FS-Dynamics Kft. as soon as possible without any extra charge, and the Client shall be informed of the progress on a daily basis.
5.2 The Client shall be entitled to withhold losses suffered due to FS-Dynamics Kft.’s actions, rule violations or unsatisfactory performance from FS-Dynamics Kft.’s commission fee.
5.3 FS-Dynamics Kft. undertakes a 12-months guarantee for the service it provided and the development results created during the performance of the Contract.
6. Liability
6.1 FS-Dynamics Kft. shall be liable for damages resulting from damage to body, life or health in accordance with the legal provisions of the Hungarian laws.
6.2 FS-Dynamics Kft. shall be liable for any breach of material contractual obligations for which FS-Dynamics Kft. itself, its directors, employees, consultants, substitutes or subcontractors are liable. That is, for obligations that are necessary for the proper performance of the Contract and the achievement of the contractual purpose, and the performance of which the Client can count on.
6.3 In addition, FS-Dynamics Kft. excludes all liability and does not undertake any other guarantees. Accordingly, FS-Dynamics Kft., its directors, employees, consultants, representatives, substitutes or subcontractors shall not be liable to the Client or its client for any consequential or other damages or losses resulting from alleged deficiencies in the operation of the embedded systems. FS-Dynamics Kft.’s liability for such damages and losses may not exceed the amount of the commission fee, in addition, a damage claim may only be submitted in the case of intentional damage.
6.4 The above exclusions and limitations of liability shall apply to all personal liability of FS-Dynamics Kft., its directors, employees, consultants, substitutes or subcontractors.
7. Results of the development
7.1 The development results of FS-Dynamics Kft. shall be transferred to the Client only to the extent undertaken in the Contract.
7.2 FS-Dynamics Kft. shall only hand over the inventions and developments made during the performance of the Contract to the Client if this has been agreed upon and if it is exempted from any obligation related to the remuneration of the inventor.
8. Reservation of ownership and other rights
8.1 FS-Dynamics Kft. reserves all rights transferred to the Client, especially ownership rights, protection rights or rights of use, until the agreed remuneration is paid in full.
8.2 This reservation shall be applied to the ongoing business relationship until all claims against the Client arising from the business relationship have been fulfilled.
9. Other provisions
9.1 In the case of a dispute arising from this Contract and all related obligations and legal disputes, the Parties shall try to reach an agreement through mutual consultation. If this does not lead to any results, the Kecskemét District Court or the Kecskemét Regional Court shall have exclusive jurisdiction depending on the value limit. Hungarian laws shall be applied to the contractual relationship and all legal relationships resulting from it.
9.2 The Parties maintaining contact agree to cooperate in the performance of the order and provide each other with all necessary information and assistance. The documents made available for the performance of the order shall be returned immediately upon the request of the other contracting Party after the performance of the order.
9.3 Both Parties undertake to preserve all data, information, or business secrets that they become aware of during the performance of the Contract, the confidentiality of which is in the interest of the other Party.
9.4 The Client’s personal data is stored by FS-Dynamics Kft. to the extent necessary to perform the Contract and manage relations with the Client.
9.5 Travel-related costs such as flights, accommodation and car use (including car rent, fuel and parking) shall be calculated and invoiced separately based on actual invoices. The fee for on-site work is not included in the quotation. If on-site work is required, the relevant costs shall be recorded in a separate quotation based on consultation with the Client.
9.6 FS-Dynamics Kft. is not obliged to provide services prior to receipt of the corresponding written order.
9.7 A In all cases, the performance of work is based on prior consultation with the Client.
9.8 Issues not regulated in the basic Contract are subject to the provisions of the General Terms and Conditions, and the basic Contract is only valid together with the General Terms and Conditions, which the Parties expressly acknowledge by signing the Contract.
9.9 FS-Dynamics Kft.’s General Terms and Conditions (GTC) may be accessed in Hungarian, as well as in German and English translations, and in the event of a dispute, the Hungarian version shall prevail.
Date of the last update: 12 April 2023