General Terms and Conditions
I. GENERAL PROVISIONS
1.Introductory Provisions
1.1 The present General Terms and Conditions (hereinafter referred to as “GTC”) regulate the conditions of access to and use of the website https://www.log2edl.com (hereinafter referred to as “Website”), the general rules for the use of the Service, the legal relationship between the Service Provider and the persons using the Service, the rights and obligations of the Parties.
1.2 The personal scope of these GTC shall apply to the Service Provider and to all persons using the Service, regardless of their nationality, citizenship or place of residence, without any special declaration.
1.3 The scope of these GTC shall cover all Services provided on the https://www.log2edl.com website.
1.4. The services of the Website, excluding browsing and free trial, may only be used by a person who accepts the provisions of these GTC and the Privacy Policy.
1.5 The Website provides the Service primarily to persons acting in the course of their trade, profession, self-employment or business, but the Service may also be used by natural persons who are not qualified as businesses, provided that they accept the Terms of Use.
2 Information about the Service Provider
Name of the service provider: Rita Tóbiás sole proprietor
Short name: Tóbiás Rita e.v.
Registered office of the service provider.
Registration number: 58841954
Tax identification number: 48953779-1-33
Community Tax Number: HU48953779
Statistical number: 48953779-7420-231-13
Name of registering authority: NAV
The contact details of the Service Provider and the e-mail address regularly used to contact customers requesting the Service: hello@log2edl.com
Telephone number: +36309574850
Name, address, e-mail address of the hosting provider:
Sybell Informatika Kft., 1158 Budapest, Késmárk u. 7/B 2. floor 206. info@sybell.hu
3. Concepts and terms
For the purposes of these GTC and the Annexes:
GTC: means these General Terms and Conditions.
Immediate Access: the Subscriber expressly agrees to be granted full access to the LOG2EDL full service with immediate effect. As a result, the Subscriber loses his/her statutory “right of withdrawal” (i.e. the right of withdrawal and refund provided by law).
Subscription: 1-day, 3-day or 30-day access to LOG2EDL’s full service.
1-day subscription: expires 24 hours after the date of sending the Order (day of year, month, hour, minute), the subscription is not automatically renewed.
3-day subscription: cancels after 72 hours from the date of sending the Order (year, month, day, hour, minute) and is not automatically renewed.
30-day subscription: the duration of the subscription is 30 calendar days from the date of sending the Order, which is automatically and continuously renewed for a further 30 days unless cancelled.
Subscription renewal: the 30-day subscription is automatically renewed every 30 days, with a Return Payment, unless cancelled by the Subscriber.
Subscription Fee: The total amount of the service fee for the type of Subscription indicated on the Website, plus taxes, expressed in USD, is also expressed in HUF in Hungary.
Payment of Subscription Fee: Payment to the Service Provider, which can only be made by credit card.
Subscriber: any User who has an active subscription and registration to use the LOG2EDL service.
Parties: the Service Provider and the User, the Subscriber and the Registered User.
User: any natural person, legal entity or unincorporated organization that uses the services of https://www.log2edl.com with or without registration.
Account: a user account created by the User by registering and subscribing to the Website.
Consumer: a natural person acting outside his/her trade, profession, self-employed activity or business
Claimant: any natural or legal person or unincorporated entity that uses the Website Service: the User, the Registered User and the Subscriber.
Integration: the combination and integration of digital content or digital services with the various components of the consumer’s digital environment in such a way that the digital content or digital service can be used in accordance with the requirements for contractual performance;
Interoperability: the ability of a good, digital content or digital service that contains digital elements to work with hardware and software that is different from that with which goods, digital content or digital services of the same type are normally used;
Compatibility: the ability of a good, digital content or digital service containing digital elements to interoperate, without the need for modification, with hardware or software with which the same type of good, digital content or digital service is commonly used;
LOG2EDL: A personalised service where the Subscriber can import their live video into a specific editing software after the Vmix broadcast, while preserving the cut points. LOG2EDL can be used to import live video into most editing software. Before subscribing, the User must ensure the compatibility and interoperability of the editing software used and LOG2EDL, and the integrability of LOG2EDL, and the Service Provider excludes all liability in this respect.
Ordering: any activity on the Website, until payment of the LOG2EDL subscription type fee, which is initiated by the User in order to use the LOG2EDL subscription service
Registered User: a User who does not have an active subscription after the expiry of his/her previous LOG2EDL service, but whose registration has not been cancelled
Service Provider: Rita Tóbiás, sole proprietor (hereinafter referred to as “Service Provider”), which owns and operates the website https://www.log2edl.com
Service: services available on the website https://www.log2edl.com:
– Free trial of LOG2EDL on the Website with limited terms of use,
– On the Website, electronic subscription to LOG2EDL subject to registration, use of LOG2EDL during the subscription period
Service User means the User, the Registered User, the Subscriber.
Language of the Service: english
Durable medium: any device that allows the consumer or the business to store data addressed to him personally in a way that is accessible in the future and for a period of time adequate for the purpose of the data, and to display the stored data in an unchanged form;
Business: a person acting in the course of his profession, self-employed occupation or business;
Recurring Payment: during the automatic renewal of the Subscription, the Subscription fee is automatically charged to the Subscriber, to the credit card provided at the time of the first Subscription and registered in the Account held by the Service Provider’s Payment Partner.
Website: the Service Provider’s website, available under the domain name https://www.log2edl.com. The following online services are available through the main menu of the website.
– Vmix to EDL converter
– Login
II. ORDERING RULES
Rules for concluding contracts by electronic means, prior information
1. General rules
Subscription is only available to persons who accept the terms and conditions of the GTC and the Privacy Policy. Subscription is subject to registration, which is automatic when the order is placed.
2. Description of the technical steps required to conclude the contract by electronic means:
2.1 The User can find detailed information on the characteristics, subscription fees, duration and conditions of the type ofSubscription he/she wishes to order from the table of Subscription types on the Website.
2.2. The User can select the Subscription by clicking on the “Get satrted” button. By selecting the Subscription, the User can enter the necessary registration and billing details on the next page and check the details of his order one last time before the final dispatch, i.e. before payment.
2.3.The Customer must provide the following data to the Service Provider during the order process:
Full name/name
E-mail address
Full name and e-mail address. In case of false data provided during the order/registration or data that can be linked to another person, the resulting electronic contract shall be null and void. The Service Provider excludes its liability if the User uses its services in the name of another person, using the data of another person.
For billing, the User is required to provide the following information:
Billing name or company name
Billing address
Phone number
Company tax number
The order can be proceeded if, after providing the registration and payment details, the User confirms by ticking a checkbox that he/she has read, understood and accepted the Terms and Conditions and the Privacy Policy and acknowledges that the Order is subject to payment. After entering the credit card details, the order is placed by clicking on the “Submit” button.
3. Ensuring the identification and correction of data entry errors
The User can correct data entry errors at any time during the ordering process by clicking on the back arrow in the browser to return to the previous page where he/she can change the selected Subscription type and then click on the “Get satrted” button to change the incorrectly entered name, e-mail address and billing details.
4. Indication of prices
The service fees indicated in the comparison table for the Subscriptions offered by the Service Provider include VAT and other taxes. The Subscription prices shown on the Website are in USD. In Hungary the subscription fee plus taxes is also shown in HUF.
If, despite all due care and diligence on the part of the Service Provider, an incorrect subscription fee is displayed on the Website, in particular a price of “USD 0” or “USD 1” which is obviously incorrect, e.g. significantly different from the generally accepted or estimated price of the service due to a case system error, the Service Provider shall not be obliged to provide the service at the incorrect subscription fee, but may offer the service at the correct price, in the knowledge of which the User may withdraw his/her order.
5. Order, confirmation, conclusion of the contract
5.1.The receipt of the Subscriber’s order by the Service Provider shall result in the conclusion of a contract between the Service Provider and the Subscriber.
5.2.The receipt of the order sent by the Subscriber is confirmed to the Subscriber by the Service Provider by means of an automatically generated e-mail without delay. The confirmation will always include the chosen Subscription, its price, duration, Subscriber’s details, the immediate start of the execution of the Subscription upon the User’s request, after which the User will not be entitled to withdraw or terminate the Subscription.
5.3. Any problems arising from incorrect or insufficiently detailed data or information shall be the sole responsibility of the Subscriber.
5.4. The order and its confirmation shall be deemed to have been received by the Service Provider or the User at the time when it becomes available to the latter. The Service Provider shall not be liable for confirmation if the confirmation is not received in time because the User has entered an incorrect e-mail address during registration, or because the storage space of his account is full and he cannot receive messages, or because of other technical errors of the hosting provider or other technical errors that prevent data transmission.
5.5 Commercial resale of the Subscription ordered on the Website is not allowed.
6. Writing and registration of the contract
An electronic contract (the Order and its confirmation) concluded using the Website does not constitute a written contract. It is not filed by the Service Provider and therefore it cannot be accessed or viewed afterwards. From a legal point of view, orders placed on the Website constitute a declaration of implied conduct.
7. Language of administration and contract
The information and administration on the Website, the conclusion of the contract, the right of withdrawal, the complaints and warranty procedure are in English. The contract shall be governed by Hungarian law.
8. Payment, billing
8.1 During the ordering process, the User can only pay the Subscription fee by credit card.
8.2 All expenses incurred by the User in connection with the Subscription, in particular, but not limited to, transaction fees, card payment transaction fees, etc., shall be borne by the User in any case.
8.3.By accepting the order and the terms and conditions described in the GTC, the Subscriber expressly acknowledges and agrees that the Service Provider may issue an electronic invoice for the transaction and undertakes to accept the issued electronic invoice.
8.4 During the automatic renewal of the 30-day Subscription, the Subscription fee will be automatically charged to the Subscriber.
9. Subscription – instant access
9.1 The Service Provider will inform the Subscriber by e-mail about the success of the registration. Subscriber has the right to cancel his/her registration at any time on https://www.log2edl.com. The Subscriber’s/User’s data will be removed from the system immediately after cancellation; however, this will not affect the retention of data and documents related to the subscription already submitted, nor will it result in the deletion of such data. Once removed, the data can no longer be restored.
9.2 The User shall be solely responsible for keeping the subscriber access data (in particular the password) confidential. If the User becomes aware that the password provided during registration has been accessed by an unauthorized third party, he/she shall immediately change his/her password, and if it is suspected that the third party is misusing the password in any way, he/she shall notify the Service Provider at the same time. The User undertakes to update the information provided during registration as necessary to ensure that it is up-to-date, complete and accurate.
9.3 The User gives his/her prior and express consent to be granted full access to the LOG2EDL full service with immediate effect, the User, being the Consumer, acknowledges that by giving this consent, he/she forfeits the right of withdrawal or termination of the contract once the service has been started.
10. Termination, automatic renewal, cancellation of subscription
In case of purchase of a 1-day or 3-day Subscription, after 24 hours or 72 hours from the date of order, the LOG2EDL full service will be automatically terminated
If you purchase a 30-day subscription, the subscription will be automatically renewed every 30 days for another 30 days. Service provider charges a recurring 30-day fee, which can be cancelled by the Subscriber at any time (without a cancellation fee), thereby terminating access to LOG2EDL’s full service, and the Subscriber’s 30 days of subscription will not be charged.
Prices are subject to change with at least 1 month’s notice and the Subscriber has the right to cancel the change free of charge before the change takes effect.
11. Prior information on the Code of Conduct
The Service Provider is not subject to any code of conduct.
III. Rules applicable to Users who are consumers within the meaning of the Civil Code (hereinafter referred to as “Consumer”)
1. The Consumer’s right of withdrawal and termination
In accordance with the provisions of Directive 2011/83/EU of the European Parliament and of the Council and of Regulation (EU) No 45/2014 of 26.26.2014 on the detailed rules for contracts between consumers and businesses (OJ L 26, 26.2.2014, p. 1), the consumer may withdraw from the contract and terminate the contract. The Consumer may not exercise his right of withdrawal or termination in respect of the digital content provided on a non-tangible medium under these GTCs, given that the Service Provider commences performance with the express prior consent of the Consumer and the Consumer has, at the same time as giving his consent, declared his acknowledgement that he loses his right of withdrawal or termination after the commencement of performance and the Service Provider has confirmed this to him.
2. Accessories warranty, product warranty
1.Accessories warranty
In the event of a defective performance by the company operating the Website, the Consumer may assert a claim for warranty of goods against the company in accordance with the rules of the Civil Code.
The Consumer may, at his/her option, claim for the following remedies: repair or replacement, unless the remedy chosen by the Consumer is impossible or would involve disproportionate additional costs for the company compared to the remedy of another remedy. If the repair or replacement is not or could not be requested, the Consumer may request a proportionate reduction in the price or have the defect repaired or replaced at the expense of the undertaking or, as a last resort, withdraw from the contract
withdraw from the contract. In the case of a contract between a Consumer and a business for the sale of goods which are movable, the supply of digital content or the provision of digital services, the Consumer may not, in exercising his rights under the implied warranty, remedy the lack of conformity himself or have it remedied by another person at the expense of the business. The Consumer may switch from one warranty right to another, but the cost of the switch shall be borne by the Consumer, unless it was justified or the enterprise gave a reason for it.
The Consumer must notify the Supplier of the defect immediately after its discovery, but not later than two months after the discovery of the defect. However, please note that you may no longer exercise your right to claim for damages beyond the two-year limitation period from the date of performance of the contract.
The Consumer may enforce his right to claim for a guarantee against the business.
Within six months from the date of performance, the right to claim for compensation shall be subject to the condition that the Consumer proves that the service was provided by the undertaking operating the website. However, after the expiry of six months from the date of performance, it is for the Consumer to prove that the defect which he has discovered existed at the time of performance.
2. Product warranty
In the event of a defect in a movable good (product), the Consumer may, at his/her option, exercise his/her right as set out in point 1 or claim under the product warranty.
As a product warranty claim, the Consumer may only request the repair or replacement of the defective product.
A product is defective if it does not meet the quality requirements in force when it was placed on the market or if it does not have the characteristics described by the manufacturer.
The Consumer has two years from the date on which the product was placed on the market by the manufacturer to make a claim under the product warranty. Once this period has elapsed, he loses this right.
He may only exercise his right of guarantee against the manufacturer or distributor of the movable good. In the event of a product warranty claim, the Consumer must prove that the product is defective.
The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:
– the product was not manufactured or put into circulation in the course of his business, or
– the defect was not detectable according to the state of science and technology at the time when the product was placed on the market, or
– the defect in the product is due to the application of a law or a compulsory standard laid down by a public authority.
The manufacturer (distributor) need only prove one ground for exemption.
Please note that you cannot claim both a warranty for accessories and a product warranty for the same defect at the same time. However, if your product warranty claim is successful, you may pursue your accessories warranty claim against the manufacturer for the replaced product or repaired part.
The Consumer may not make both a warranty claim and a guarantee claim or a product warranty claim and a guarantee claim for the same defect at the same time, but you have the rights under the guarantee irrespective of the rights set out in points 1 and 2.
If the Consumer fails to install within a reasonable time the updates provided by the undertaking, the undertaking shall not be liable for the failure of the service if it is due solely to the failure to apply the relevant update, provided that
(a) the undertaking has informed the consumer of the availability of the update and the consequences of the consumer’s failure to install it; and
(b) the failure of the consumer to install the update or the incorrect installation of the update by the consumer is not due to a lack of installation instructions provided by the undertaking.
Defective performance shall not be established if, at the time of the conclusion of the contract, the consumer was specifically informed that a particular characteristic of the digital content or digital service deviates from the requirements set out in Article 5(3) or Article 17(3) and (4) of Government Decree No 373/2021 (30.VI.) on the detailed rules for contracts between consumers and businesses for the sale of goods, the supply of digital content and the provision of digital services, and the consumer specifically and expressly accepted this deviation at the time of the conclusion of the contract.
3. Procedure in the event of a warranty claim
The agreement of the parties to a contract between a consumer and a business must not derogate from the provisions of the Regulation to the detriment of the consumer.
The onus is on the Consumer to prove the conclusion of the contract (by means of an invoice or even just a receipt).
The costs related to the fulfilment of the warranty obligation shall be borne by the Service Provider (Civil Code, § 6:166).
The service provider is obliged to keep a record of the warranty or guarantee claim notified to him by the consumer. A copy of the record shall be made available to the consumer without delay in a verifiable manner.
If the service provider is unable to declare the enforceability of the consumer’s warranty or guarantee claim at the time of its notification, it shall notify the consumer of its position within five working days in a verifiable manner, including the reasons for the refusal and the possibility of recourse to the conciliation body in the event of refusal of the claim.
The service provider shall keep the minutes for three years from the date of their recording and shall produce them at the request of the supervisory authority.
The Supplier must endeavour to carry out the repair or replacement within a maximum of fifteen days.
4. Consumer rights and redress
4.1. Filing a complaint with the Service Provider:
If the User, who is a consumer, notices a violation of his/her consumer rights or the risk thereof, or otherwise objects to the Service Provider’s actions in connection with an order, purchase, warranty, guarantee or any other claim, he/she may contact the Service Provider with a complaint at the contact details indicated in ……
The Service Provider shall immediately investigate the notified complaint and, if possible, take measures to remedy it; if the complaint cannot be settled immediately or if the consumer does not agree with the handling of the complaint, the Service Provider shall record the consumer’s complaint, which shall be kept for 3 years in accordance with the Consumer Protection Act, and shall provide a copy to the consumer. The service provider shall reply to the written complaint in writing within 30 days at the latest, giving reasons in writing for its decision to reject the complaint.
4.2. If a User who is a consumer detects a violation of his/her consumer rights, he/she has the right to lodge a complaint with the consumer protection authority competent for his/her place of residence. If the consumer has a right to a consumer protection procedure in his/her home Member State, the authority shall decide whether to take action against the consumer. Consumers may also turn to the regional government offices of the capital and county. The contact details of the government offices can be found at https://www.kormanyhivatal.hu/hu/elerhetosegek.
4.3. Dispute settlement via the European Union’s online dispute resolution platform:
In the event of a cross-border consumer dispute related to an online sales contract, it is possible for Users who are consumers to settle their cross-border disputes related to online purchases electronically by submitting an electronic complaint through the online platform available at the following link http://ec.europa.eu/odr.
4.4 If any consumer dispute between the Service Provider and the Consumer User is not settled in the course of negotiations with the Service Provider, the Consumer User may refer the dispute to the conciliation body competent for his/her place of residence or domicile and initiate the procedure of the Body, or may also refer the dispute to the conciliation body competent for the place of establishment of the Service Provider.
For the purposes of the rules applicable to the Conciliation Body, a consumer is also a non-governmental organisation, a church, a condominium, a housing association, a micro, small or medium-sized enterprise within the meaning of a separate law, who buys, orders, receives, uses, makes use of goods or is the recipient of commercial communications or offers relating to goods.
The company has a duty to cooperate in the proceedings before the Conciliation Board. This includes both the obligation to send a reply to the conciliation body’s request and the obligation to ensure the participation of the person authorised to reach a settlement at the conciliation hearing. Where the seat or establishment of the business is not registered in the county of the chamber of conciliation which operates the territorially competent conciliation body, the duty of cooperation of the business extends to offering the possibility of a written settlement in accordance with the consumer’s request.
The competent body according to the place of establishment of the service provider is the Pest County Board of Conciliation:
Contact:
Address: 1055 Budapest, Balassi Bálint utca 25. IV/2.
Phone: 06-1-792-7881
E-mail: pmbekelteto@pmkik.hu
Office gate ID: PMKIKBEKEL, KRID ID:560351920
Contact details of the Conciliation Boards: https://bekeltetes.hu/udvozlo
The Service Provider has a duty of cooperation in the conciliation procedure.
4.5. Initiation of legal proceedings
The User shall be entitled to enforce his/her claims arising from consumer disputes before the courts in civil proceedings in accordance with the provisions of the Civil Code and the Civil Procedure Code of 2016, CXXX.
IV. CONFIDENTIALITY
1. The Service Provider shall treat any information provided by the User to the Service Provider as confidential and shall only share it with third parties in accordance with the provisions of these GTC.
2. The User shall not make any public statements to third parties in relation to the Order/Contract without the prior written consent of the Service Provider.
V. RESPONSIBILITY
1. The User may use the Website exclusively at his/her own risk and accepts that the Service Provider shall not be liable for any material or non-material damage arising from the use of the Website, in addition to liability for intentional breach of contract or for damage to human life, bodily injury or health.
2. The User shall ensure that the use of the Website does not directly or indirectly violate the rights of third parties or the law.
3. The Service Provider is not responsible for the privacy practices and other activities of these service providers.
4. If the Service Provider, acting in good faith, finds the report to be justified, it shall be entitled to delete the information or modify it without delay.
VI. FINAL PROVISIONS
1. (26.II.), Government Decree No. 373/2021 (30.VI.) on the detailed rules of contracts between consumers and businesses for the sale of goods, the supply of digital content and the provision of digital services, and Government Decree No. 19/2014 (29.IV.29.) on the detailed rules of contracts between consumers and businesses. (No. 373.20.2014) on the procedural rules for the handling of warranty and guarantee claims for goods sold under a contract between a consumer and a business, Act CLV of 1997 on Consumer Protection and Act LIII of 2017 on the Prevention and Combating of Money Laundering and Terrorist Financing. The binding provisions of the relevant legislation shall apply to the parties without any specific stipulation.
2. The Service Provider shall be entitled to unilaterally amend these GTC at any time if it provides its Services under different terms and conditions and if the market environment changes.
3. Any amendment to these GTC shall be effective from the day after the 15th day following its publication on https://www.log2edl.com.
The amended provisions apply to orders placed after entry into force and to automatically renewing subscriptions.
5. https://www.log2edl.com is protected by copyright. The copyright holder is the Service Provider. The services and all content displayed on the website constitute intellectual property, the use, copying or reproduction of which is prohibited without the permission of the copyright holder. The Service Provider reserves all rights with respect to the Service, any part thereof and the content displayed thereon, as well as the distribution of the Website. The downloading, electronic storage, processing and sale of the contents of the website or any part thereof without the written consent of the Service Provider is prohibited.
Last updated: 23 March 2024.