General Terms of Service
Upcheck Monitor
Effective date: PLACEHOLDER – [day] [month] 2026 Version: 1.0
1. Service Provider
Service Provider: TRIANITY Korlátolt Felelősségű Társaság
Short name: TRIANITY Kft.
Registered office: 1119 Budapest, Andor utca 21, Building C, Ground Floor 1, Hungary
Company registration number: 01-09-978184
Tax number: PLACEHOLDER
Registering court: Company Registry Court of the Budapest-Capital Regional Court
Website: https://upcheck.hu
General contact email: PLACEHOLDER
Support email: PLACEHOLDER
Telephone: PLACEHOLDER
Hosting or infrastructure provider: PLACEHOLDER
Hereinafter: the “Provider”.
2. Subject matter and scope
2.1. These General Terms of Service, hereinafter the “Terms”, govern the use of the managed website and online-service monitoring service known as Upcheck Monitor.
2.2. These Terms apply to:
a) enquiries and orders initiated through upcheck.hu;
b) individual orders accepted by the Provider in writing;
c) the Upcheck user interface;
d) monitoring, notification, incident-recording, diagnostic and related support services;
e) the contractual relationship between the Provider and the Customer.
2.3. The Service is primarily intended for businesses, institutions, sole traders, website owners, developers, system administrators, web agencies and other professional users.
2.4. By accepting these Terms, the Customer represents that:
a) it acts in its own name or with proper authority on behalf of the organisation it represents;
b) it has read and accepted these Terms;
c) the information it provides is true and accurate;
d) it is authorised to request monitoring of the relevant websites and online services.
2.5. The individual quotation, order form, service agreement, data processing agreement and these Terms together form the agreement between the parties.
2.6. In the event of conflict, the following order of precedence applies:
- an individual service agreement accepted by both parties;
- an individual quotation or order form;
- the data processing agreement in relation to data-protection matters;
- these Terms;
- general information published on the Provider's website.
3. Definitions
For the purposes of these Terms:
Customer: the individual, business, institution or other organisation entering into an agreement with the Provider.
User: an individual authorised by the Customer to use the Upcheck system.
Service: the monitoring, notification, incident-recording, diagnostic and related support functions provided through Upcheck Monitor.
Target: a domain, URL, website, endpoint, online service or HTTPS certificate selected by the Customer for monitoring.
Check: an automated technical request or examination performed by the Provider's system against a Target.
Monitor: a configured monitoring rule associated with a Target.
Incident: a confirmed failure or abnormal condition identified under the configured rules and thresholds.
Recovery: the state in which the system again considers the Target to be operating in a stable and acceptable manner under the configured rules.
Notification Channel: a supported method of sending service messages, particularly email or Telegram.
Maintenance Window: a predefined period during which certain alerts may be muted or processed under different rules.
Subscription Period: the period for which the Customer pays or is required to pay the Service fee.
Business Day: a day that is considered a working day in Hungary.
4. Description of the Service
4.1. Upcheck is intended to perform regular technical checks of websites and online services selected by the Customer from infrastructure separate from the Customer's production environment.
4.2. Depending on the applicable configuration and subscription plan, the Service may include:
a) HTTP and HTTPS availability checks;
b) HTTP status-code checks;
c) response-time measurements;
d) DNS resolution and network-connectivity checks;
e) redirect and redirect-loop detection;
f) HTTPS certificate validity and expiry checks;
g) checks for expected text, content or technical markers;
h) checks for prohibited text, error messages or abnormal content;
i) detection of blank pages, maintenance pages and application or database errors;
j) opening and closing incidents;
k) recovery detection;
l) email and Telegram notifications;
m) monitoring history and diagnostic information;
n) maintenance windows and notification muting;
o) custom checks agreed in writing.
4.3. The precise scope of the Service is defined by the Customer's quotation, order, subscription plan or individual agreement.
4.4. The Provider may develop or modify the technical implementation, interface and internal operation of the Service, provided that it does not unreasonably reduce its essential functionality.
4.5. Upcheck is a monitoring and notification service. Unless otherwise agreed in writing, the Provider:
a) is not the hosting provider of the monitored website;
b) does not operate the monitored website;
c) does not automatically repair a Target;
d) does not provide system-administration or development intervention;
e) does not guarantee operation of the monitored website;
f) is not a disaster-recovery or business-continuity service.
4.6. Diagnostic information is indicative and may not identify the final root cause of every failure.
5. Free assessment and quotations
5.1. A free assessment is intended to provide a preliminary review of the domains, technologies, critical pages and suitable monitoring checks.
5.2. A free assessment:
a) is not a comprehensive IT, security or legal audit;
b) is not a vulnerability assessment or penetration test;
c) does not automatically create a contract;
d) does not create a monitoring obligation;
e) does not provide continuous supervision.
5.3. A quotation remains valid until its stated expiry date or, if none is stated, for PLACEHOLDER days from issue.
5.4. The price and technical scope of a quotation are based on the information provided. The Provider may issue an amended quotation if that information changes materially.
6. Formation of the agreement
6.1. Submission of an enquiry or monitoring request through upcheck.hu does not itself create a paid contract.
6.2. An agreement is formed when:
a) the Customer accepts the Provider's quotation in writing and the Provider confirms that acceptance in writing; or
b) the parties execute a separate service agreement; or
c) the Customer submits an order carrying an obligation to pay through an online ordering process and the Provider confirms it.
6.3. Electronic confirmation may serve as evidence of formation of the agreement.
6.4. The agreement may be concluded in Hungarian or English. Unless otherwise agreed, Hungarian is the governing contractual language for Customers established in Hungary.
6.5. The Provider may reject an order, including where:
a) the lawfulness of the requested monitoring is uncertain;
b) the Target creates a security or operational risk;
c) the requested checks would cause disproportionate load;
d) the Customer's previous payment or contractual conduct justifies rejection;
e) the requested activity falls outside the intended use of Upcheck.
7. Service activation
7.1. Activation may be conditional upon:
a) formation of the agreement;
b) provision of the required information;
c) payment of any setup or initial fee;
d) agreement on monitoring configuration;
e) execution of a data processing agreement where required.
7.2. The Provider expects to activate the Service within PLACEHOLDER Business Days after all conditions have been met.
7.3. This period is indicative where activation requires Customer cooperation, custom development or third-party involvement.
7.4. The Provider may perform test checks and trial notifications before final activation.
7.5. The Customer must verify receipt of trial notifications and promptly report any problem.
8. Customer obligations
8.1. The Customer must:
a) provide accurate, complete and current information;
b) keep contact and notification details current;
c) request monitoring only for Targets it is authorised to monitor;
d) notify the Provider of material technical changes;
e) ensure that monitoring does not infringe third-party rights;
f) pay all fees when due;
g) protect accounts and credentials;
h) report security incidents without undue delay;
i) use the Service for its intended purpose;
j) comply with reasonable technical instructions issued by the Provider.
8.2. The Customer is responsible for the correctness of monitors, recipients, permissions and configurations created or approved by it.
8.3. The Customer must ensure that an appropriate legal basis is available for the processing of notification-recipient data.
8.4. The Customer must not use the Service for:
a) unauthorised network reconnaissance;
b) penetration, denial-of-service or overload attacks;
c) unauthorised vulnerability scanning;
d) interference with another system;
e) unlawful content or activity;
f) circumvention of Provider security restrictions;
g) evasion of subscription limits;
h) reverse engineering or unauthorised copying of the Service.
9. Targets and monitoring restrictions
9.1. The Customer acknowledges that monitoring involves automated network requests to each Target.
9.2. For security reasons, the Provider may refuse or restrict monitoring of:
a) internal or private IP addresses;
b) local-network resources;
c) metadata or infrastructure endpoints;
d) non-public administration interfaces;
e) prohibited ports;
f) unlawful or malicious Targets.
9.3. The Provider may apply DNS and network-security controls to prevent server-side request forgery, DNS rebinding and similar abuse.
9.4. Custom ports, authentication or unusual protocols may require prior written approval.
9.5. The Customer is responsible for ensuring that monitoring requests do not breach the terms of the Target's hosting or other service providers.
10. Authenticated and restricted pages
10.1. Where monitoring requires authentication, the Customer must create a separate test account with the minimum necessary permissions.
10.2. The Customer must not provide:
a) passwords belonging to real end users;
b) payment-card details;
c) health data or other special-category personal data;
d) administrative access not necessary for monitoring;
e) direct access to a live customer database,
unless the parties have entered into a separate written agreement and implemented appropriate security measures.
10.3. The Customer must promptly notify the Provider of any change to authentication details.
10.4. A failed check caused by expired or incorrect Customer credentials does not constitute defective performance by the Provider.
11. User accounts and security
11.1. Each User must use an individual account. Shared accounts may only be used with the Provider's prior written consent.
11.2. The Customer is responsible for:
a) appointing Users;
b) configuring permissions;
c) revoking access for Users who are no longer authorised;
d) actions performed through its account, unless it proves that they resulted from a security failure within the Provider's control.
11.3. Passwords must be kept confidential and changed promptly if compromise is suspected.
11.4. The Provider may require two-factor authentication.
11.5. The Provider may temporarily restrict access where unauthorised access, account takeover or another security risk is suspected.
12. Check intervals and incident logic
12.1. Checks are performed at the intervals defined by the applicable configuration, typically every few minutes.
12.2. The exact interval is defined in the subscription plan or individual agreement.
12.3. Actual check times may vary from the nominal schedule for technical reasons.
12.4. To reduce false alerts, the Provider may:
a) require several consecutive failures before opening an Incident;
b) require several consecutive successful checks before confirming Recovery;
c) apply delays or confirmation checks;
d) assign different thresholds to different types of failure.
12.5. The configuration may therefore create a delay between the first failed Check and the resulting notification. This forms part of the intended operation of the Service.
12.6. Monitoring is periodic sampling and cannot guarantee detection of every short-lived failure or every failure occurring between Checks.
13. Notifications
13.1. Notifications may be sent through supported channels selected by the Customer.
13.2. Delivery may depend on third-party providers, network connections, spam filters, Telegram configuration and Customer devices.
13.3. The Provider does not guarantee that every notification will be delivered immediately, without delay or successfully in every case.
13.4. The Customer must:
a) provide correct recipient details;
b) verify trial notifications;
c) allow-list the relevant email sender where necessary;
d) complete the necessary bot, group or chat settings for Telegram;
e) consider using multiple independent recipients or channels.
13.5. Notifications do not replace the Customer's own on-call, backup, security or business-continuity processes.
13.6. Operational, incident, recovery, certificate, security, billing and contractual messages are service communications and not marketing messages.
14. Maintenance and muting
14.1. Where supported by the Customer's plan, the Customer may define Maintenance Windows.
14.2. During a Maintenance Window:
a) Checks may continue;
b) events may still be recorded;
c) notifications may be partly or fully muted;
d) Incidents may be processed under different rules.
14.3. The Provider is not responsible for notifications suppressed by a mute configured by the Customer or its authorised User.
14.4. The Customer must verify the start and end time of each mute.
15. Service levels and availability
15.1. Unless an individual SLA applies, the Provider will perform the Service with reasonable professional care but does not guarantee a specified percentage of availability.
15.2. Any committed service level must be set out in a separate SLA or individual agreement.
PLACEHOLDER SLA details:
- monthly service availability: PLACEHOLDER%;
- permitted planned maintenance: PLACEHOLDER hours per month;
- critical support response time: PLACEHOLDER;
- service-credit rules: PLACEHOLDER.
15.3. Availability calculations may exclude:
a) announced maintenance;
b) Force Majeure Events;
c) internet or telecommunications failures;
d) third-party infrastructure failures;
e) Customer systems or configurations;
f) Customer-requested suspension;
g) unlawful attacks or extraordinary security incidents;
h) beta or free services.
16. Maintenance and Service changes
16.1. The Provider may carry out planned and emergency maintenance.
16.2. Where reasonably possible, planned maintenance causing a material interruption will be announced at least PLACEHOLDER hours in advance.
16.3. Emergency security or operational work may be performed without prior notice.
16.4. The Provider may:
a) develop or redesign functions;
b) retire obsolete technology;
c) introduce security restrictions;
d) replace third-party services;
e) change the appearance of the Service.
16.5. The Provider will give advance notice of a material adverse change unless an immediate change is required for security, legal or regulatory reasons.
17. Support
17.1. Standard support is available as follows:
Email: PLACEHOLDER Support hours: PLACEHOLDER General response target: PLACEHOLDER
17.2. A response target is not a resolution commitment.
17.3. Support does not include development, repair or administration of the Customer's website unless separately ordered.
17.4. The Provider may request diagnostic data, screenshots or technical information.
17.5. The Customer must avoid including unnecessary personal, special-category or confidential information in support messages.
18. Fees and invoicing
18.1. Fees are specified in the applicable quotation, subscription plan or individual agreement.
18.2. Unless stated otherwise, prices are exclusive of applicable value-added tax.
18.3. Fees may include:
a) a one-off setup fee;
b) a monthly or annual subscription fee;
c) a per-Monitor or per-domain fee;
d) a custom-check fee;
e) custom development or integration fees;
f) overage fees;
g) additional support fees.
18.4. Billing period: PLACEHOLDER – monthly or annual.
18.5. Payment term: PLACEHOLDER days.
18.6. Accepted payment methods: PLACEHOLDER.
18.7. Subscription fees are payable in advance unless the individual agreement states otherwise.
18.8. Upgrades requested during a Subscription Period may be charged pro rata or from the next full billing period.
18.9. The Customer must promptly notify the Provider of changes to billing information.
19. Late payment
19.1. In the event of late payment, the Provider may:
a) send payment reminders;
b) charge statutory default interest;
c) claim fixed recovery costs where legally available;
d) restrict or suspend the Service after notice;
e) terminate the agreement;
f) enforce the debt through legal proceedings.
19.2. Grace period before suspension: PLACEHOLDER days.
19.3. Monitoring and notifications may stop in whole or in part during suspension.
19.4. Suspension does not release the Customer from payment obligations.
19.5. The Provider may charge a reactivation fee of PLACEHOLDER.
20. Fee changes
20.1. The Provider may change fees due to:
a) cost increases;
b) inflation;
c) exchange-rate movements;
d) changes in third-party provider fees;
e) expansion of technical scope;
f) changes in law.
20.2. The Provider will give at least PLACEHOLDER days' notice of a fee change.
20.3. For an indefinite agreement, the Customer may terminate before the new fee takes effect.
20.4. A prepaid fixed Subscription Period will not be repriced during that period except where required by tax or law.
21. Trials and free services
21.1. Where the Provider offers a trial, its terms are:
Trial period: PLACEHOLDER days. Trial limits: PLACEHOLDER. Automatic conversion to paid Service: PLACEHOLDER – yes/no.
21.2. For trials and free services:
a) functionality may be limited;
b) no SLA applies;
c) the Service may be changed or discontinued at any time;
d) support may be limited;
e) liability is excluded to the fullest extent permitted by law.
21.3. A paid Service may begin only on the basis of the Customer's clear order.
22. Intellectual property
22.1. The Upcheck software, source code, data model, interface, graphics, documentation, brand, logo, methodology and all related intellectual property belong to the Provider or its licensors.
22.2. The agreement does not transfer ownership or copyright to the Customer.
22.3. During the agreement, the Customer receives a limited, non-exclusive and non-transferable right to use the Service for its intended purpose.
22.4. The Customer must not:
a) copy or resell the Service;
b) reverse engineer its source code;
c) circumvent security or licence restrictions;
d) create a derivative service;
e) use the Provider's trademarks without permission.
22.5. The Customer retains its rights in its Targets, data and content.
22.6. The Customer grants the Provider the limited rights necessary to process configurations and data for performance of the Service.
23. Confidentiality
23.1. Each party must keep confidential all non-public business, technical, security and organisational information obtained during performance of the agreement.
23.2. Confidential Information may include:
a) system architecture;
b) non-public URLs or endpoints;
c) credentials;
d) incident and vulnerability information;
e) business processes;
f) pricing and individual contractual terms;
g) customer lists;
h) development plans.
23.3. Information is not Confidential Information where it:
a) is lawfully public;
b) was demonstrably known to the receiving party;
c) was lawfully obtained from a third party;
d) was independently developed without use of the other party's information.
23.4. Disclosure required by law or a competent authority does not breach confidentiality.
23.5. Confidentiality continues for PLACEHOLDER years after termination and, for trade secrets, for as long as legal protection applies.
24. Privacy and data processing
24.1. The Provider's own processing is governed by its current Privacy Notice.
24.2. Where the Provider processes personal data on behalf of the Customer, the parties will enter into a Data Processing Agreement.
24.3. As controller, the Customer is responsible for:
a) the lawfulness of processing;
b) informing data subjects;
c) establishing an appropriate legal basis;
d) data minimisation in monitoring;
e) the lawfulness of its instructions.
24.4. The Customer must not configure content checks that unnecessarily collect personal or special-category data.
24.5. Retention periods are defined by the Privacy Notice, the Data Processing Agreement, the applicable plan or the individual agreement.
25. Security and security incidents
25.1. The Provider applies reasonable and risk-appropriate technical and organisational measures.
25.2. The Customer acknowledges that no information system can be entirely risk-free.
25.3. In a security incident, the Provider may:
a) restrict access;
b) temporarily stop Monitors;
c) revoke credentials;
d) isolate configurations;
e) deploy emergency updates;
f) require Customer cooperation.
25.4. The Customer must promptly notify the Provider if it:
a) detects unauthorised access;
b) suspects credential compromise;
c) identifies abnormal use of the Service;
d) discovers a vulnerability affecting the Provider's systems.
25.5. Vulnerability-reporting address: PLACEHOLDER.
26. Third-party services
26.1. The Service may rely in part on third-party infrastructure or services, including:
a) server and data-centre infrastructure;
b) DNS;
c) internet and telecommunications networks;
d) email delivery;
e) Telegram;
f) payment and invoicing services.
26.2. A third-party outage, restriction, rule change or discontinuation may affect the Service.
26.3. The Provider may replace a third-party provider where necessary to maintain the Service.
26.4. Telegram is optional. The Customer acknowledges that its availability and processing are also subject to Telegram's own terms.
27. Backups and restoration
27.1. The Provider may make backups of its own service database and configurations in accordance with its operational procedures.
27.2. Such backups are not backups of the Customer's website or database.
27.3. Upcheck does not replace the Customer's own backup and recovery arrangements.
27.4. Individual restoration may be provided only where technically possible and may be subject to an additional fee.
27.5. Backup retention period: PLACEHOLDER days.
28. Defective performance and issue reporting
28.1. The Customer must report an issue without undue delay and with reasonable detail.
28.2. An issue report should, where possible, include:
a) the affected Target;
b) date and time;
c) description of the issue;
d) screenshot or log extract;
e) expected and actual behaviour;
f) affected User or Notification Channel.
28.3. The following do not normally constitute a defect in the Service:
a) an actual failure of the Target;
b) incorrect DNS configuration;
c) an expired or invalid certificate;
d) an incorrect URL or expected-content setting supplied by the Customer;
e) invalid credentials;
f) external email or Telegram delivery failures;
g) Customer-configured muting;
h) an external network-route failure;
i) blocking or rate limiting by the Target;
j) announced maintenance.
29. Disclaimer for Business Customers
29.1. The Provider does not warrant that:
a) the Service will be uninterrupted;
b) every Target failure will be detected;
c) every failure will be detected immediately;
d) every notification will be delivered;
e) diagnostics will always identify the root cause;
f) the Service will meet every individual business requirement;
g) a Target will behave identically from every network location.
29.2. Monitoring results are technical observations from one or more measurement locations and may differ from results seen from other locations, networks or devices.
29.3. To the extent permitted by law, the Provider excludes implied warranties of merchantability, fitness for a particular purpose and uninterrupted operation.
29.4. For Consumers, this clause applies only to the extent permitted by mandatory consumer law.
30. Limitation of liability
30.1. Liability cannot be excluded or limited for:
a) damage caused intentionally;
b) damage to life, physical integrity or health;
c) any liability that cannot legally be excluded.
30.2. In relation to Business Customers, the Provider is not liable for:
a) indirect or consequential loss;
b) lost profit or revenue;
c) loss of business;
d) loss of data where the Customer did not maintain adequate backups;
e) reputational damage;
f) third-party claims;
g) loss caused by delayed Customer response;
h) failure of the monitored system;
i) failure of a third-party notification provider;
j) Force Majeure Events.
30.3. Unless an individual agreement states otherwise, the Provider's total aggregate liability to a Business Customer is limited to the net fees actually paid for the affected Service during the PLACEHOLDER months preceding the event giving rise to liability.
30.4. Where the agreement has existed for a shorter period, the maximum liability is the net amount actually paid during that period.
30.5. The limitations apply to the fullest extent permitted by applicable law.
30.6. Mandatory consumer-law provisions prevail in relation to Consumers.
31. Customer indemnity
31.1. The Customer must reimburse the Provider for documented loss and cost arising from the Customer:
a) monitoring a Target without authority;
b) infringing third-party rights;
c) giving unlawful instructions;
d) providing prohibited data;
e) misusing the Service;
f) materially breaching these Terms.
31.2. The Customer is not responsible to the extent that the loss was caused by the Provider's own wrongful conduct.
32. Term and renewal
32.1. The agreement may be:
a) indefinite; or
b) fixed for a monthly or annual Subscription Period.
32.2. The applicable term is set out in the quotation or individual agreement.
32.3. Automatic-renewal rule: PLACEHOLDER.
32.4. Where automatic renewal applies, the agreement renews for the same period unless either party gives notice at least PLACEHOLDER days before the end of the current period.
32.5. The Customer is responsible for ensuring that its termination notice is received in a verifiable manner.
33. Termination for convenience
33.1. An indefinite agreement may be terminated by either party on PLACEHOLDER days' written notice.
33.2. A fixed-term agreement may be terminated for convenience only where the individual agreement permits it.
33.3. Where the Customer terminates a fixed term early, prepaid fees are non-refundable and remaining committed fees may become payable if the individual agreement so provides.
33.4. For Consumers, this section applies only in accordance with mandatory consumer law.
34. Termination for cause
34.1. Either party may terminate immediately where the other party commits a material breach and fails to remedy it within a reasonable cure period specified in a written notice.
34.2. The Provider may suspend or terminate without prior cure notice where:
a) the Customer uses the Service unlawfully or offensively;
b) the use threatens the Provider's or a third party's systems;
c) fraud or unauthorised access is suspected;
d) required by law or a competent authority;
e) the Customer intentionally provided false information;
f) the Customer repeatedly or materially breaches these Terms.
34.3. Termination for non-payment is governed by Section 19.
35. Consequences of termination
35.1. On termination:
a) the Customer's right of access ends;
b) monitoring and notifications may stop;
c) unpaid fees become due;
d) the Provider begins deleting or anonymising data;
e) provisions intended by their nature to survive remain in force.
35.2. The Customer must export required data before termination.
35.3. Post-termination export period: PLACEHOLDER days.
35.4. After the export period, the Provider is not required to retain data unless required by law or contract.
35.5. Data may remain technically present in backups until the relevant backup cycle expires.
36. Special provisions for Consumers
36.1. This Section applies only to a natural person acting outside their trade, business or profession.
36.2. The Provider primarily supplies business services.
Consumer orders are accepted: PLACEHOLDER – yes/no.
36.3. Where Consumer orders are not accepted, the Provider may reject such an order.
36.4. Where the Provider enters into a distance contract with a Consumer, the Consumer is entitled to the statutory pre-contract information and applicable withdrawal or termination rights.
36.5. For services, a Consumer generally has fourteen days from conclusion of the agreement to exercise the statutory right of termination.
36.6. Where the Consumer expressly asks the Provider to begin performance before the end of that period, the Consumer may be required to pay a proportionate amount for the Service supplied before termination.
36.7. A Consumer may send a withdrawal or termination statement to:
Email: PLACEHOLDER Postal address: TRIANITY Kft., 1119 Budapest, Andor utca 21, Building C, Ground Floor 1, Hungary.
36.8. The model form in Schedule 1 may be used.
36.9. Mandatory rules on conformity, updates, defective performance and remedies applicable to digital services apply to Consumer contracts.
36.10. Nothing in these Terms limits a Consumer's mandatory statutory rights.
37. Complaints
37.1. Complaints may be submitted through:
Email: PLACEHOLDER Postal address: 1119 Budapest, Andor utca 21, Building C, Ground Floor 1, Hungary Telephone: PLACEHOLDER
37.2. Written Consumer complaints will be answered in writing within the statutory time limit.
37.3. The Provider aims to respond to a Business Customer complaint within PLACEHOLDER Business Days.
37.4. Where a complaint is rejected, the Provider will state the reason and, for Consumers, provide information on available remedies.
38. Consumer dispute resolution
38.1. A Consumer may refer a dispute to a Hungarian conciliation body.
Conciliation body competent according to the Provider's registered office: PLACEHOLDER – current official name and contact details.
38.2. The Provider will cooperate with conciliation proceedings as required by applicable law.
38.3. A Consumer may also complain to the competent consumer-protection authority.
38.4. A Consumer may bring court proceedings.
39. Force Majeure
39.1. Neither party is liable for delay or failure caused by an event outside its reasonable control that could not reasonably have been foreseen or avoided.
39.2. Force Majeure Events may include:
a) natural disasters;
b) war, terrorism or civil disorder;
c) epidemics or official restrictions;
d) national or regional power failure;
e) major internet or telecommunications disruption;
f) data-centre failure;
g) widespread cyberattack;
h) legal or regulatory action;
i) exceptional failure of essential third-party infrastructure.
39.3. The affected party will notify the other party as soon as reasonably possible.
39.4. If a Force Majeure Event continues for more than PLACEHOLDER days, either party may terminate the agreement in writing.
40. Amendments to these Terms
40.1. The Provider may amend these Terms due to:
a) changes in law;
b) Service development;
c) security requirements;
d) price or cost changes;
e) new functions or providers;
f) changes in regulatory or judicial interpretation.
40.2. A non-material amendment or one solely benefiting the Customer may take effect upon publication.
40.3. The Provider will give at least PLACEHOLDER days' notice of a material adverse amendment.
40.4. Under an indefinite agreement, the Customer may terminate before the adverse amendment takes effect.
40.5. An urgent amendment required for security, legal or regulatory reasons may take effect on shorter notice.
40.6. Archived versions of the Terms are available at: PLACEHOLDER URL.
41. Communications and electronic notices
41.1. The parties primarily communicate electronically.
41.2. The Customer must maintain a working email address and report any change.
41.3. A notice sent to the Customer's registered email address may be deemed received:
a) when delivery is confirmed; or
b) in the absence of a bounce message, on the Business Day following sending,
unless the Customer proves that it could not access the message for reasons outside its control.
41.4. Termination, material-breach notices and other important declarations should be sent by a verifiable delivery method.
42. Assignment and subcontractors
42.1. The Customer may not assign the agreement or any right under it without the Provider's prior written consent.
42.2. The Provider may assign the agreement to an affiliate or legal successor, provided this does not materially reduce the Customer's rights.
42.3. The Provider may use subcontractors and data processors.
42.4. The Provider remains responsible for its subcontractors as required by applicable law and the Data Processing Agreement.
43. Severability
43.1. If a provision is invalid, unlawful or unenforceable, the remaining provisions remain effective.
43.2. The invalid provision will be replaced by a valid provision that most closely reflects its economic and legal purpose.
44. No waiver
44.1. Delay or failure to exercise a right does not waive that right.
44.2. A concession in an individual case does not amend these Terms generally.
45. Governing law and jurisdiction
45.1. The agreement is governed by Hungarian law.
45.2. The parties will first attempt to resolve disputes through good-faith negotiations.
45.3. For disputes with a Business Customer, the parties submit to the exclusive jurisdiction of the competent Hungarian court at the Provider's registered office, subject to rules on subject-matter jurisdiction.
45.4. For Consumers, mandatory rules on jurisdiction and venue apply. Nothing in this Section deprives a Consumer of access to a court available under mandatory law.
46. Language versions
46.1. These Terms are available in Hungarian and English.
46.2. For a Customer established in Hungary, the Hungarian version prevails in the event of conflict or uncertainty unless an individual agreement states otherwise.
46.3. For an international Customer, the parties may agree that the English version prevails.
47. Final provisions
47.1. These Terms enter into force on PLACEHOLDER.
47.2. The Terms are available and downloadable from upcheck.hu.
47.3. The following may form schedules to these Terms:
Schedule 1 – Model Consumer Withdrawal or Termination Form; Schedule 2 – Service Plans and Fees; Schedule 3 – Service Level Agreement, where applicable; Schedule 4 – Data Processing Agreement; Schedule 5 – Acceptable Use Policy, where issued separately.
Schedule 1
Model Consumer Withdrawal or Termination Form
Complete and return this form only if you wish to withdraw from or terminate the agreement.
To: TRIANITY Kft. 1119 Budapest, Andor utca 21, Building C, Ground Floor 1, Hungary Email: PLACEHOLDER
I hereby give notice that I exercise my right to withdraw from or terminate my contract for the following Service:
Name of Service: PLACEHOLDER
Date of agreement: PLACEHOLDER
Consumer's name: PLACEHOLDER
Consumer's address: PLACEHOLDER
Consumer's email address: PLACEHOLDER
Date: PLACEHOLDER
Consumer's signature: Only required for forms submitted on paper.