The Alverad Technology Focus Kft.’sGeneral Terms and Conditions
- The present General Terms and Conditions (GTC) cover the handling of the specific characteristics of the activities of the Cyber Security Testing Laboratory of Alverad Technology Focus Kft. (hereinafter referred to as the “Trustee”).
Requesting a testing activity
- Testing activities can be requested by request for quotation or by order without request for quotation, orally or in writing.
- A contract can be concluded after the order has been reviewed and accepted. A Trustee shall only enter into a contract that does not diminish confidence in their competence, impartiality, judgment and integrity of their operation.
- The Managing Director is authorized to enter into contracts on the Trustee’s behalf.
Completing a testing activity
- The testing activity can only start after the contract has been reviewed and mutually accepted and signed.
- The work shall be started and carried out at a time and according to a schedule agreed in advance with the Client.
- The Trustee shall maintain communication with the Client throughout the work and shall inform the Client of any delays or major discrepancies in the execution of the testing.
- If it is necessary to deviate from the contract during the work, the Trustee shall initiate a review of the contract with the Contractor and, if necessary, its amendment.
- The Managing Director is responsible for the completion of the contract.
Reporting on testing results
- A test report is drawn up on the results of the testing.
- The test reports shall be approved by the area manager involved in the respective testing and forwarded to the Client by the project manager.
- The test reports will be delivered electronically, unless the Client insists on a paper, hand-signed report, in which case we will deliver it to him in person or by post.
- The execution and/or partial execution of contracts shall be subject to the issue of a certificate of completion, signed by the Client or a person authorized by him. The issue of the certificate of completion is due after the agreed testing has been completed, irrespective of the outcome of the test carried out and the conclusions drawn therefrom.
- The Trustee may display the name of the Client’s company and the subject of the tasks performed – without a detailed description of the tasks – among the references displayed on its website and other electronic interfaces, or, in the case of individual reference requests, forward them to the reference requestor, unless the Parties provide otherwise in the contract.
Confidential case management
- 15. The Trustee may, in the course of performing its testing activities, obtain confidential information of a trade secret nature containing or otherwise referring to information concerning the Client, its external organizations and which is not yet publicly known (hereinafter the “Information”). The Trustee shall be responsible for the confidential treatment of all Information acquired or created and shall use it only within the framework of the contract between the Parties and under the following conditions:
- Confidential information includes in particular the Client’s request for a proposal, the Trustee’s proposal, the contract concluded and any other information designated as confidential by the Parties.
- Confidential information shall be used only in the course of and for the purposes of the performance of the task specified in the Contract. Each Party undertakes not to disclose Confidential Information to any third party during and after the term of this Agreement without the prior consent of the other Party, unless required by law.
- The Trustee shall provide information on the test results only to the Client. It shall only provide data to third parties with the Client’s written permission.
- If, as a result of a legal obligation or contractual agreement, the Trustee discloses confidential information about the Client, the Client shall be notified immediately in writing, unless prohibited by law.
- The Trustee shall disclose the information only to those of its employees and agents who have a need to know the information for the purposes of performing the Contract and whom the Trustee shall inform in advance of the confidential nature of the Information and instruct to treat the information as confidential.
- Information about the Client that comes to the Trustee’s knowledge from a source outside the Client (e.g. complainant, regulatory authority) shall be treated confidentially by the Trustee. The source of any complaint about the Client shall not be disclosed by the Trustee to the Client without the consent of the source.
- In the event of non-compliance with the above obligation, the Parties shall be liable for any damage caused to the other Party as a result.
- The obligation of confidentiality shall continue indefinitely after the termination of the Contract.
Dealing with inadequate tests
- The Trustee shall carry out its tests using standardized procedures and cooperating with the experienced professionals, however, in certain cases an aspect of its inspection work or the result of its work may not meet its own expectations or the requirements agreed with the Client
- It is the Trustee’s business policy to deal with inadequately completed testing works in its operations in order to correct and prevent them in the future.
- It is the tester’s responsibility to follow up the results of each test.
- It is the responsibility and responsibility of the line manager involved in the project to inspect inadequate tests. It shall document the entire process of the testing and inform the Client of the progress and outcome of the case.
- The line manager concerned is responsible for suspending, stopping or restarting any work, depending on the extent of the inadequacy of the test.
- If possible, the suspended test shall be repeated by the Trustee under highly controlled conditions. The line manager concerned is responsible for the correctness of the new test and for the withdrawal of incorrect reports.
- The qualified IT/information security expert appointed for the test is authorized to deal with any questions/requests from the Client in connection with the testing. If the Client is not satisfied with the contribution of the appointed expert, it may escalate its question/request to the Trustee’s project manager in charge of the project in question.
- 25. If the Client wishes to make a complaint, it may do so verbally or in writing to any of the Client’s entire staff at firstname.lastname@example.org email address.
- The Trustee shall accept complaints about a test within 30 days of the issue of the report.
- Once the reason for the complaint received has been determined, the Trustee’s line manager involved in the project will immediately contact the Client to clarify the reason and determine the claims.
- In order to remedy the cause of the complaint, the Trustee’s line manager involved in the project shall initiate corrective action, which shall be recorded in writing.
- The implementation of the corrective measure shall be recorded in writing and forms an integral part of the documentation generated during the complaint handling procedure.
- The corrective actions taken are agreed with the Client by the subject line manager concerned and recorded in writing.
- In matters not covered by the Contract, the provisions of the Civil Code shall prevail.
- The Parties agree to seek a negotiated settlement of their disputes.
- The Parties agree that, in the absence of agreement, the court having jurisdiction and competence under the Code of Civil Procedure shall have jurisdiction to settle their dispute, depending on the value of the dispute.
- “Force majeure” shall mean any extraordinary event which could not have been foreseen or avoided by the Parties in their respective interests and which is not attributable to their fault or imputed to their own conduct. Such events may include, but are not limited to: strike, fire, explosion, flood, epidemic, natural disaster, transport ban, utility failure, war.
- In the event of force majeure during the performance of the work, the Trustee shall be entitled to the remuneration for the work performed until then, which shall be paid by the Client.
- The Parties shall promptly notify each other of a force majeure incident, stating the exact cause of the force majeure and the expected impact on the performance of the test.
- If the force majeure delayed the performance of existing contracts for more than one month, the Parties shall agree and document the necessary amendments to the Contract.
- If the Parties fail to reach an agreement within two weeks, either Party may terminate the Contract.
Termination of the contract
- 39. The contract shall expire upon completion of the tasks specified in the contract – as accepted by the Client, – and upon payment of the commission fee.
- The contract shall also be terminated by a joint declaration to that effect by the Parties.
- The Parties may terminate this contract by giving unilateral notice of termination in writing, without giving any reason, 30 days after the date of notification. Termination shall be deemed notified if it has been sent by post to the registered office of the other Party, being the presumption of delivery be applied by the Parties as set out in the contract.
- The Client may terminate the contract with immediate effect in the event of serious breaches of contract by the Trustee. The Trustee’s failure to comply with this contract shall be considered a serious breach of contract.
- The Trustee may terminate the contract with immediate effect in the event of serious breaches of contract by the Client. In particular, non-payment or repeated late payment by the Client shall constitute a serious breach of contract.
- In the event of termination of the contract for any reason, the Parties shall be liable to each other. If the contract is terminated unilaterally, the party giving notice of termination is entitled to recover damages resulting from the breach of contract or, if possible, to set off the damages against the debt owed to the party in breach.
- 45. In the event of termination of the contract for any reason whatsoever, the Client shall pay for the tasks, services and consideration performed and certified up to that time within the shortest possible period, but not later than … banking days following receipt of the invoice issued on the basis of the Certificate of Performance issued as proof of the tasks performed up to that time.
Budapest, 2023. 06.01.