GENERAL TERMS AND CONDITIONS (ÁSZF)
Welcome to the SAMKÓ LEGAL!
Before using my webpage please, read the General Terms and Conditions (hereinafter: General Terms and Conditions, Contract or ÁSZF)!
I. The formation and the scope of the contract, elements:
I/A. The formation of the contract:
Present General Terms and Conditions has formed between the SAMKÓ LEGAL (Owner: Zoltán Ferenc Samkó, J.D. Labor and Sports Lawyer, hereinafter: Owner/Operator) and the visitors who use the website (hereinafter: Client/Clients). The General Terms and Conditions is an implied contract, which formed between the parties with clicking on to this webpage by the Clients. Implied contract means, that the Clients click on to this webpage and the webpage loads on.
The appropriate provisions, sections and subsections of the Hungarian Civil Code have to be applied to this General Terms and Conditions. This provisions, sections and subsections are included by the Civil Code in the following paragraphs: Act V of 2013 on the Civil Code on Article 6:2. section 1, Article 6:4. sections 2-3, Article 6:5. sections 2-3, Articles 6:77-81., Articles 6:82-85., and Articles 6:86-87. The not listed laws in this contract are also shall to be applied in the General Terms and Conditions with their all points.
I/B. The scope of the contract:
The scope of this General Terms and Conditions are widen to everyone, who uses this website and accepts the General Terms and Conditions of the SAMKÓ LEGAL. The General Terms and Conditions are shall be applied accordance with the General Data Protection Information of the SAMKÓ LEGAL too.
I/C.1. Owner/Operator: the SAMKÓ LEGAL is maintained by Zoltán Ferenc Samkó, J.D. Labor and Sports Lawyer, who is the sole owner of this website. The notion of Owner, Operator and Author are synonyms with each other in the whole General Terms and Conditions, thus it shall be understandable with the aforementioned person in this point of the contract.
I/C.2. Client/Clients: are all natural and legal persons who or which are visiting, reading or using this website, including its content.
I/C.3. Purposes: are the whole conditions of this contract and without them, this contract would be invalid. The purposes of this website include those values, which the website strive to achieve. These values include publishing articles and professional studies with giving assistance to the readers.
I/C.4. Services: are those articles and studies, which are published by the website.
I/C.5. Usage: is the visiting of the website, reading all contents of the website and watching other media contents of the website.
I/C.6. Logo and marketing: include those contents of media, which are the accessories of the website and they serve the appearance of the website. The logo, and the other pictures, texts, attached files are the parts of the website, and they are the sole possession of the Owner.
The marketing contents include in addition to the published articles and studies the following contents: any other pictures, voice and video contents.
I/C.7. Damages and the abuse of rights: include any improper use in connection with the website, including any contrary usage of the provisions of the General Terms and Conditions, each contents of the website, articles, studies, any other media, logo, signature contents, including the usage, copying and duplication of the dry and seal stampers with them contents without any permission.
I/C.8. Copyright works: are every articles, studies, picture, voice or video contents which are uploaded by the Owner.
II. The purpose of the contract:
The purpose of this contract is to ensure the written conditions, which are very important for using the whole website accordance with the provisions of the General Terms and Conditions and the applicable legislation by the Clients. Furthermore the purpose of the General Terms and Conditions is to describe the rights and the obligations of the Clients and call the attention to any legal consequences which are given by contrary usage of this website. This General Terms and Conditions are base on the following laws: Act V of 2013 on the Civil Code, Act LXXVI of 1999 on the Copyright, Act CVIII of 2001 on Electronic Commerce and on Information Society Services, Act CXXX of 2016 on the Civil Procedural Code, Act C of 2012 on the Criminal Law, etc. Thus all the listed and non listed, but relevant laws are also shall to be applied accordance with the General Terms and Conditions.
III. The purpose and the services of the website:
III/A. The purpose of the website:
The purpose of the website is to inform the Clients by presenting diverse legal articles and studies, which discuss about the different fields of the Hungarian legal system. The website wants to introduce every single fields of the law understandably to the Clients who are affected by these topics. Thus, the Clients get efficient and quick help from that professional legal articles and studies. The articles and studies want to inform every single Clients accurately, but reasonably in connection with the relevant issues, besides the noble representatives of the legal professionals. The SAMKÓ LEGAL website serves everybody as a compass, who are not familiar with the legal system and direct them on the right way to find the solution to the questions of their legal problem.
III/B. The services of the website:
The website publish professional articles and studies about the following fields of law: the Labor Law, the Real Estate, the Company and Commercial Law, the Economical Law, the Sports Law, the Fundamental Rights with the Personality Rights and Data Protection Law (GDPR), the Copyright Law, the Insurance Law, the Sports Criminal Law, etc. In the near future the website as soon as possible will be widen by the following fields: the Criminal and Health Law.
III./B.1. The Labor Law is the first professional field of my website, therefore I would like to publish articles and studies more often in this topic. In these articles, I deal with the regulation of creation of employment relationship, changes of employment relationship and termination of employment relationship. In this part, will be published those articles, which discuss the personality rights of the employees and employers with also their fair names. This part will give place to those articles, which discuss the data management of the employer.
Those articles which discuss the right to commercial secrecy is embedded to the another part of the website. From 8th August 2018. the trade secret are regulated by an another law. This law is Act LIV of 2018 on the Protection of the Right to Commercial Secrecy, which came into force in the above-mentioned date.
III./B.2. The Real Estate is the second professional field of my website. So, I will often publish articles and studies in this topic too. These studies are in connection with the residential real estates, the building sites, the agriculturally utilized lands and forestry economic utilized lands, and agro-industrial plants. Those articles, which are connection with the neighborhood rights, the lien and the real estates register will be published in this section of my website too.
III./B.3. The Sports Law is the third professional field of my website. Many of these Sports Law articles and studies are published often in this part of the website. These articles and studies deal with the public and private Sports Law issues, the insurances of the athletes, merchandising and sponsorship contracts, the personality rights of the athletes, the sports management companies (for instance: Lp., Ltd. or Inc., etc.) formations and the operation of the public bodies (for instance MOB.) or legislative changes of the regulation of the companies maintenance and the Sport Criminal Law with doping issues.
III./B.4. The Data Protection Law and the Rights to Personality are the fourth professional field of my website. This part of my website publish articles and studies in connection with the Data Protection Law and Rights to Personality to non sport Clients who are affected with this area. This section also contains those articles and studies which are connected with the commercial secrecy.
In the near future my website will be widened by Corporate and Commercial Law, Insurance Law, Intellectual Property Law, Health and Pharmaceutical Law and Criminal Law. In this section, those articles and studies will be published, which are belongs to the particular area of the aforementioned fields of law.
IV. The usage of the website – The rights and obligations of the Clients:
IV.1.1. Everyone is entitled to use the website, including in it, read and watch the content of the website. The website solely has to be used the above-mentioned way. The different usage is strictly forbidden!
IV.1.2. Each articles and studies can be read by the Clients and they can be informed from any articles and studies of the website. Any arisen questions in connection with the articles and studies, shall be sent via e-mail to the Operator.
IV.2.1. The Clients who are visiting the website, are obliged to inform the Operator, if the malfunction operation of the website is detected. The malfunction operation of the website also includes the fact, that the Clients become aware of the misusage of the marketing and media contents or the Clients perceive the copying and duplicating of the content of the website without any sole written permission of the Owner. This marketing and media contents are the part of the website.
Such a case can be talked about, when the Clients perceive or notice that somebody use the website or copy and duplicate all of its contents unduly in any way (for instance: he or she sees the particular case, etc.), without the sole written permission of the Owner.
IV.2.2. The above-mentioned marketing and media contents include the following: any written articles and studies, video, picture and audio contents, any subtitles, headlines, symbols, watermarks, logo, signatures of the website, especial with the signature of the Owner on the introduction page of the website and any kind of written, visual or pictorial contents of the website.
IV.2.3. The above-mentioned contents also include the embossed (impressed) stamp and the seal stamps with their logos and subtitles. The usage of the embossed and seal stamps with their contents and logo are strictly forbidden and it is qualified as an unlawful conduct!
IV.3. The whole content of the website including the written, visual, pictorial, audio and any written matters with embossed and seal stamps also with its contents and the logo are protected by copyright. The written articles and studies, visual, pictorial, audio and any other written and visual contents of the website with the embossed and seal stamps with their contents and logo are protected by the copyright and their entire or partial usage, copying and duplicating all of them are strictly forbidden without any written permission or consent of the Owner!
IV.4. The permission has to be asked solely from the Owner in written form. This permission is considered as a one-sided legal declaration. The Owner reserve the right to revoke any issued permission by him in written form. The former permission which was issued by the Owner is invalid, thus is void.
IV.5. After the revocation of the permission the usage, the copying, the transmitting and duplicating of the articles and studies are strictly forbidden!
IV.6. The appearing articles, studies and other media contents solely serve as to inform the Clients who visit the website. The above-mentioned contents can not be used for advertising and promotional purposes.
IV.7. The Clients can choose optional from the contents of the website.
IV.8. The Owner does not take any responsibility from the inappropriate usage of the website, especially deviating to the Subsection IV.1-12. of the General Terms and Conditions.
IV.9. The contact site has to be used for request of information and should not be used for disturbing the Owner or sending any advertising contents. The inadequate users will be proceeded and entailed under civil and criminal procedures. Under current law, legal counseling is not possible on this website.
IV.10. In the reply heading the Clients can leave their opinions and reflections solely in connection with the relevant topic or topics. It can not be used the word of abuse about the human dignity or honor of the another party’s or writing any other obscene, scary, abusive expressions. The Clients must keep the rules of ethical and unbiased expressions.
IV.11. The usage of the word of abuse or writing any obscene, scary, abusive expressions, which affected to the personality of the Owner, especially in connection with his human dignity or honor are strictly forbidden! These kind of opinions or expressions, which were above-mentioned, will be cleared from the webpage and the inadequate users will be proceeded and entailed under civil and criminal procedures (for instance: the Owner or his publisher will file a lawsuit against the inadequate users, or file a report against the inadequate users to the right authorities, etc.).
V. Final and other provisions:
V.1. The Clients declare by reading this General Terms and Conditions, that they are subject to themselves to this contract and its written conditions especially to the Subsection IV.1-12. The written conditions of the Contract, especially the Section III. of the General Terms and Conditions are entirely mandatory to the Clients.
V.2. The Contract and its scope is expand to all of the Clients. The SAMKÓ LEGAL manages data from all the Clients who are visiting the website. These datas are confidentially stored and managed by the hosting provider in accordance with the current legislation and the provisions of the EU decrees and the GDPR with the provisions of Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information.
V.3. The Clients accept all liability of damages from the inappropriate usage of the website. In accordance with the current legislation, the Clients are burdened by any contractual liability in connection with this Contract and any delictual liability from any other damages, which were caused by the Clients deviating from all the provisions of this Contract. If more than one Clients cause damage in addition with knowing to each other activities, the provisions of joint and several liability of the Civil Code has to be applied to them.
V.4.1. In accordance with the conditions of subsections IV.2.1-3. and IV.4., the entire or partial usage and copying of any contents of the SAMKÓ LEGAL website, including the articles, studies, other subtitles, signatures, the SAMKÓ LEGAL logo, pictorial and video contents of the website with the embossed and seal stamps logo with them subtitles of the SAMKÓ LEGAL are strictly forbidden!
V.4.2. The entire or partial illicit usage, copying, duplicating all contents of the SAMKÓ LEGAL website will entail civil and criminal liability!
V.4.3. It can not be used for own sake in everywhere and every time, the SAMKÓ LEGAL logo, the showened up signature in the Introduction part of the website, the subtitles, pictures and icons of the head and footer (for instance: facebook, instagram, linkedin, youtube, e-mail), the contents of the name card also with the contents of the embossed and seal stamps (with their logo, subtitles, pictures, etc.) by the Clients and visitors of the webpage. It can not be requested for permission to use the all aforementioned contents.
V.4.4. Use any unauthorized marketing contents of the website without the sole written permission of the Owner is strictly forbidden! The above-mentioned action will entail civil and criminal procedure! The entire fees and duties of the cash expenses, the public notary and other authorities will be reimbursed with the person who responsible for the damages.
V.4.5. The contractual penalty has to be payed for the unauthorized and devious use by way of derogation from the provisions of the General Terms and Conditions and for the resulting liability for damages to the Owner. The amount of the contractual penalty is twice the current central bank base rate.
V.5. Any advertisements or promotional contents can be placed or deleted only by the Owner in accordance with the current legislation. Any advertisements, information brochures and promotion contents in connection with the website solely has to be sent by the Owner.
V.6. The written contents, articles, studies and the other pictorial, voice and video contents including any marketing contents of the website, cannot be interpreted as the provision of legal advice. The contents of SAMKÓ LEGAL website is information only! The Owner will not take any responsibility for the above-mentioned facts.
V.7. This present contract is interpreted in accordance with rules and provisions of the law of obligations, the general rules of contracts, and the provisions of the General Terms and Conditions of the Civil Code with its all the other contents by the Clients. It has to be applied the same regulations to the non-regulated rights and obligations of the Clients in this Contract. The provisions of the Act LXXVI of 1999 on Copyright, the Act CVIII of 2001 on Electronic Commerce and on Information Society Services and the Act C of 2012 on the Criminal Law shall apply to use and operation with the maintenance of this website.
V.8. The Clients declares that they have acquainted the whole contents of this General Terms and Conditions and they understood and accepted them as well. The whole contents of this Contract are approved to obligatory by the Clients. The Clients take all the responsibility from any inappropriate usage of this website. The misunderstood or misreading of the contents of the websites, does not relieve the Clients from the all responsibility.
V.9. The SAMKÓ LEGAL website can be used in accordance with the General Terms and Conditions and the Data Protection Information brochure.
V.10. The Buda District Court is designated by the Owner in case of the civil procedure or any legal dispute.
V.11. The Owner authorize the publisher OGDI Lp. to substitute for him to represent and proceed in any case to the authorities in case of his incapacitation.
V.12. These General Terms and Conditions are valid until withdrawal.
V.13. The place of Complaint handling:
SAMKÓ LEGAL: firstname.lastname@example.org and
Budapest Conciliation Body:
Address: H-1016 Budapest, Krisztina krt. 99. 3th Floor, Door 310.
Mailing address: 1253 Budapest, Pf.: 10.
Fax: 06 (1) 488 2131
Phone: 06 (1) 488 2131
I want to wish all my visitors a great and useful time on my website!
Budapest, 18th October 2018.
Zoltán Ferenc Samkó J.D.
owner of the SAMKÓ LEGAL©