Last Updated: 12 November 2023

 

1. Parties and Contact Details

• Manufacturer: Clift Climbing Kft.

  Registered Office: 55 Ulloi Street, Budapest, Hungary 1091

  Company Registration No.: 01 09 370447

  EU VAT No.: HU27985508

  Represented by: Andras Kokai, Managing Director

 

Referred to as the Manufacturer.

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2. Scope of the GTC

These General Terms and Conditions govern the installation, operation, and licensing of Clift hardware and software products (hereinafter referred to as “Products”), developed and supplied by the Manufacturer. Detailed product descriptions, including technical specifications, are provided in the relevant Annexes accompanying each order.

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3. Intellectual Property

The Manufacturer retains all intellectual property rights to the Products and their associated software. The Customer acknowledges no transfer of ownership or rights beyond those expressly granted herein.

 

4. Subject of the Agreement

Upon receipt of a signed Order Form from the Customer, the Manufacturer undertakes to deliver, install (where applicable), and provide ongoing operation and support for the Products at the agreed location, in accordance with the technical specifications outlined in the Order Form.

 

5. Delivery and Installation

• 5.1. The Manufacturer shall complete delivery and installation of the Products within 40 days of the Order Form’s effective date (as defined in Section 10.1).

• 5.2. Early completion is permitted; the Customer shall accept the Products when notified.

 

6. Product Operation and Support

The Manufacturer shall provide:

• 6.1. Continuous operation of software components (including but not limited to Clift Admin, Clift Cloud, and Clift Climber), with an applicable operations fee.

• 6.2. Ongoing cloud storage and data management necessary for system functionality.

• 6.3. End-user software (such as mobile applications) on supported platforms.

• 6.4. Maintenance and monitoring, including availability and technical support during working hours.

• 6.5. Help desk services at support@cliftclimbing.com.

• 6.6. Regular system performance checks and updates as required.

 

7. Warranty

• 7.1. A 2-year warranty on hardware components, valid at the Manufacturer’s site.

• 7.2. Customers must ship defective hardware to the Manufacturer for repair or replacement under warranty.

• 7.3. Misuse, damage, or issues beyond the warranty period are serviceable for a fee.

• 7.4. Compatibility of hardware and software is guaranteed for 5 years post-installation.

• 7.5. Reported issues (via written notice to support) will be addressed through remote support during working hours.

• 7.6. Warranty exclusions include Force Majeure (Section 15).

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8. Payment Terms

• 8.1. A 70% advance payment is required within 5 days of the Order Form, invoiced as a proforma.

• 8.2. The balance is payable within 8 days of delivery and acceptance of the Products.

• 8.3. Advance payments are non-refundable upon order cancellation.

• 8.4. For ongoing services, timely payments are required as invoiced (monthly/quarterly/annually).

• 8.5. Late payments may incur default interest and potential suspension of services after 30 days of non-payment.

 

9. Duration and Termination

• 9.1. The agreement becomes effective upon receipt of advance payment and remains valid for the term stated in the Order Form. Post-expiration, it transitions into a contract of indefinite duration.

• 9.2. Either party may terminate ongoing operational services with 30 days’ written notice after the initial period.

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10. Software Licensing

• 10.1. All Clift software is licensed, not sold.

• 10.2. Usage is limited to rights explicitly granted by the GTC, with compliance to technical restrictions.

• 10.3. Prohibited actions include (but are not limited to):

  • Circumvention of technical protections

  • Reverse engineering or decompilation

  • Unauthorized copying or distribution

  • Transfer or lease to third parties

  • Use for commercial hosting without explicit agreement

 

 

11. Mutual Obligations

• 11.1. The Customer affirms financial readiness as specified in the Order Form.

• 11.2. The Customer shall provide access, data, and cooperation necessary for installation and operation.

• 11.3. The Manufacturer may employ subcontractors for delivery or installation without prior consent, assuming responsibility for their work.

• 11.4. Ownership of hardware remains with the Manufacturer until full payment is received.

• 11.5. The Manufacturer may place branding or promotional content on installed Products or digital interfaces, subject to Customer approval.

• 11.6. The Customer must provide required services (electricity, internet, storage) to support installation and operation.

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12. Communication

• Notices must be in writing, preferably via email.

  Manufacturer contact:

  Andras Kokai

  +36 70 361 5781

  andras@cliftclimbing.com

  Support: support@cliftclimbing.com

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13. Force Majeure

Events beyond reasonable control (e.g., cyberattacks, war, natural disasters) temporarily relieve obligations for the duration of impact. Notification is required within 3 business days of awareness.

 

14. Confidentiality

• Both parties agree to protect confidential information, including business plans, technical data, and software code.

• Publicly available or legally mandated disclosures are exceptions.

• Use of aggregate performance data for promotional purposes is permitted.

 

 

15. Data Protection

• Both parties commit to adhering to their published data protection policies and applicable regulations.

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16. Legal Provisions

• 16.1. Invalid provisions shall not affect the validity of remaining terms.

• 16.2. Parties confirm signatories have appropriate authority.

• 16.3. Disputes will be resolved primarily through negotiation; failing that, through courts under Hungarian law.

• 16.4. The English version of the GTC is binding. Translations are for convenience only.

 

Clift Climbing Kft.