GENERAL TERMS AND CONDITIONS OF USING THE TACHO CLOUD COMPUTER SYSTEM
These General Terms and Conditions regulate the relations between the company ALFA LOGISTIKA d.o.o. Andrije Hebranga 16, 47 000 Karlovac, VAT ID: 02706843298, as an authorized provider of the Tacho CLOUD computer system service (hereinafter also ALFA LOGISTIKA, Tacho CLOUD system supplier or supplier) and the client of the Tacho CLOUD computer system service service (hereinafter: client).
In addition to these General Terms and Conditions, the rights and obligations of suppliers and customers are subject to the provisions of a mutually concluded lease agreement and the valid price list of services that contain a list of valid service prices.
When concluding the lease agreement, ALFA LOGISTIKA will acquaint the client with these General Terms and Conditions and the Price List of Services, which the client confirms by signing the lease agreement.
By signing the lease agreement, the client accepts all the provisions of these General Terms and Conditions.
In the event of a conflict between the provisions of the Lease Agreement and these General Terms and Conditions, the provisions of the Lease Agreement shall apply.
The applicable legislation of the Republic of Croatia applies to the relations between suppliers and clients that are not regulated by the lease agreement or these General Terms and Conditions.
DEFINITIONS OF TERMS
Processor speed is a measure of processor speed. The unit of measure is the clock frequency (MHz (megahertz) and GHz (gigahertz)). Processor speed is one of the main parameters that defines the speed of running computer programs.
The central database is a computer center accessed by the client using the Tacho CLOUD application.
Road transport is the transport of passengers and cargo carried out in whole or in part on public roads, including driving empty or unladen.
Remote data download is the download of data from a digital tachograph or driver memory cards via a mobile network (Gprs, 3G or 4G).
Digital tachograph is a device in road traffic for recording speed and distance traveled, as well as working and rest times where data is written to working memory and memory card, and which allows data storage for a period of 365 days.
Daily rest is a daily period during which the driver can freely dispose of his time, and includes: regular daily rest and shortened daily rest.
Daily driving time is the total driving time between the end of one daily rest and the beginning of the next daily rest or between a daily rest and a weekly rest, as well as between a weekly rest and a daily rest.
Hardware is a physical, tangible part of computer-electronic devices. Hardware changes much less frequently than software. That is why they are such names, because in English soft means soft while hard means hard. The capabilities of computer-electronic devices depend to the greatest extent on the hardware and its quality.
Exclusion from the system is an action by which the client is prevented from further access to the Tacho CLOUD computer system by suspending the user data with which the client logs into the system.
The supplier is an authorized provider of all services provided by the Tacho CLOUD computer system.
The user name is the unique name of the customer on the basis of which the computer system Tacho CLOUD recognizes him as a user.
The Tacho CLOUD license is the right to use the Tacho CLOUD system for one driver, ie for data from one driver’s memory card and their archive.
The password is a unique alphanumeric record by which the customer confirms his identity when logging in to the computer system Tacho CLOUD.
A memory card is a portable device for transmitting and storing data, owned by the driver, the carrier, the workshop and the supervisory body.
The minimum number of licenses is the minimum number of system licenses that the client has undertaken to use for a definite or indefinite period of time.
Mobile application is software that runs on the Android operating system and on Internet browsers designed for the Android operating system.
Mobile worker means any worker who is part of the transport staff, including trainees, who is employed by a company which carries out road transport of passengers or goods as public transport or own-account transport.
A mobile device is a device with the Android operating system.
The rent is the agreed price for using the services of the computer system Tacho CLOUD.
Night work means work done during the night.
Night time means a period of at least four hours, between 00:00 and 07:00.
Rest is an uninterrupted period during which the driver is free to dispose of his time.
A person performing a mobile road transport activity means a mobile worker or a self-employed driver performing such an activity.
Data from the digital tachograph are data contained in the digital tachograph and imported into the Tacho CLOUD system. The data from the digital tachograph form the entity of the vehicle within the Tacho CLOUD system and are not subject to payment, ie they are not subject to the Tacho CLOUD system license.
Driver memory card data is data stored on the driver memory card and imported into the Tacho CLOUD system. The data from the driver’s memory card also constitutes the license of the Tacho CLOUD system, which is subject to payment according to these general conditions.
Driver data is data from the driver memory card.
Reconnection is an action that allows the customer to re-access the Tacho CLOUD computer system after being previously disconnected from the system. Inclusion in the system is an action that involves re-inclusion of customer customer data.
Subscription is the agreed price for using the services of the computer system Tacho CLOUD.
Trial use is user data with which it is possible to access the computer system Tacho CLOUD and work in the system on real examples. The trial account has a certain duration, after which the user data ceases to be active.
A computer application is software that runs on a personal computer on operating systems designed for operating computers and on Internet browsers designed for personal computers.
Tacho CLOUD computer system (hereinafter: Tacho CLOUD service, system, supplier services) is an efficient system for remote downloading of data from digital tachograph and driver memory cards, and processing and analysis of data according to EC standard 561/2006 and “Working Time Act” , compulsory breaks for mobile workers and recording devices in road transport ‘.
A computer virus is a computer program that can “infect” other programs by inserting a copy of itself (which can be modified) into them. The virus can be spread by a computer system or network using the privileges of infected users. Every program that is infected becomes a virus and so the infection grows.
Working time is the time from the beginning to the end of work, during which the mobile worker is at his workplace, available to the employer and performs his duties.
Driving period is the total driving time from the time when the driver starts driving after a period of rest or interruption of driving until the time until he takes a period of rest or interruption of driving. The driving period can be continuous or divided.
The Tacho CLOUD license level is the defined service level included in the license price, the description of the defined system license is described in the Tacho CLOUD license specification and published on the website www.alfalogistika.hr.
Regular daily rest is an uninterrupted period of rest of at least 11 hours or when used in two parts of 12 hours, of which the first rest must last uninterrupted for a minimum of 3 hours and the second uninterrupted for a minimum of 9 hours.
Regular weekly rest is a break that lasts at least 45 hours continuously,
A shortened daily rest period is an uninterrupted rest period of less than 11 hours but not less than 9 hours.
Reduced weekly rest is a rest that lasts continuously for less than 45 hours, but not less than 24 hours, under the conditions of Article 12 of the Law on Working Hours, Compulsory Holidays for Mobile Workers and Recording Devices in Road Transport.
Third-party software is software that is not part of the Tacho CLOUD computer system.
Tachograph means all equipment intended for installation in road vehicles for the display, recording and automatic or semi-automatic storage of data on the movement of such vehicles and on the individual duration of work of their drivers. This equipment includes cables, sensors, electronic driver information device, one (two) reader (s) for inserting one or two driver memory card (s), built-in or separate printer, display instruments, transmission from data memory, devices for displaying or printing data on demand and devices for recording places where daily working hours begin and end.
A week marks the period between 00:00 on Monday and 24:00 on Sunday.
Weekly rest is a weekly uninterrupted period during which the driver can freely dispose of his time, and includes »regular weekly rest.
Weekly driving time is the total driving time during one week.
A third party is any person who is not authorized by the supplier and is not the customer.
Uptime is the possibility of uninterrupted use of the system by the customer on a monthly basis. It is expressed as a percentage in which the supplier guarantees uninterrupted operation of the system to the customer. Eg if the uptime is 98%, then the supplier guarantees the customer uninterrupted operation of the system according to the equation: 30.4 [average number of days per month] * 98% [uptime] = 29.81 [days of uninterrupted use of the system by the customer] – the decimal amount is always rounded to lower value.
A multi-crew is a crew consisting of at least two drivers operating the vehicle. During the first hour of multi-crew driving, the presence of another or other drivers is not mandatory, but is mandatory during the rest of the time.
A driver is a person who drives a vehicle or is in the vehicle to be available to drive if necessary.
A vehicle is a motor vehicle, towing vehicle, trailer or a combination of these vehicles which are defined as follows.
Driving time, the duration of the driving activity was recorded.
ESTABLISHMENT OF A CONTRACTUAL RELATIONS
The contractual relationship between the supplier and the client is based on the conclusion of the Lease Agreement on a valid form in which, inter alia, the following information is entered:
- information about the client, including personal identification number (VAT), address for submitting invoices for services provided, address for submitting notifications, e-mail address,
- number of leased system licenses, additional system license functionalities, additional services,
- the date of entry into force of the contract from which the client is obliged to pay a monthly rent for leased licenses of the Tacho CLOUD system,
- the duration of the contractual relationship in months, ie an indication that the contract is concluded for an indefinite period of time,
The Tacho CLOUD service can be contracted by establishing a Tacho CLOUD rental agreement.
The subject of the Tacho CLOUD Lease Agreement is the lease of licenses for the Tacho CLOUD computer system – a system for remote retrieval, processing and analysis of data from the digital tachograph and driver memory cards. Pursuant to the Tacho CLOUD Lease Agreement, the Supplier leases the system licenses specified in the Tacho CLOUD Lease Agreement.
The equipment is not the subject of this Tacho CLOUD lease agreement because in the event of the conclusion of this agreement, the customer is considered to have purchased the equipment from the supplier or already owns it.
AMENDMENTS TO THE CONTRACT
All amendments to the contract will be regulated by the contracting parties with a new lease agreement.
The Tacho CLOUD lease agreement can be concluded for a definite period of time or for an indefinite period of time.
The contractual period for which the fixed-term contract is concluded begins to run from the day specified in the contract as the date of entry into force of the contract.
CLIENT OF SERVICES
ALFA LOGISTIKA will enter into a lease agreement for the use of Tacho CLOUD computer system services with any interested solvent natural or legal person who meets the following conditions:
- that she is fully capable of business,
- to provide access to all data and copies of identification documents necessary for the establishment of a contractual relationship, in accordance with these General Terms and Conditions,
- to guarantee the payment of liabilities with personal income, ie funds on the account through which it operates,
- that there are no outstanding due obligations to ALFA LOGISTICA from previously concluded contracts
- that ALFA LOGISTIKA has not previously collected receivables in the procedure of forced collection or other court proceedings against the client
- that there are no ongoing enforcement proceedings and court proceedings against the client in order to realize the claim of ALFA LOGISTIKA.
ALFA LOGISTIKA may refuse to enter into a lease agreement if:
- the contracting authority does not meet the conditions referred to in Article 8,
- there is a suspicion that the data on the identity, ie legal personality of the client, his solvency and authority or right to representation are incorrect or untrue,
- Bankruptcy or similar proceedings have been instituted against the client or if he becomes insolvent or over-indebted, or if, according to a reasonable assessment of ALFA LOGISTIKA, the client has some other difficulties in terms of its business or fulfillment of obligations to creditors,
- determines that the client acted in contravention of the provisions of these General Terms and Conditions or applicable legal regulations.
CUSTOMER INFORMATION AND DATA PROTECTION
For the purpose of unambiguous identification and the establishment and fulfillment of mutual rights and obligations from the contractual relationship, the Client is obliged to present the originals of his identification documents as
and submit copies thereof and, at the request of ALFA LOGISTIKA, provide additional information and documents that ALFA LOGISTIKA may consider necessary to establish a contractual relationship or change it. Otherwise, ALFA LOGISTIKA has the right to refuse to enter into a contract, change an existing contract with the client or provide a particular service.
The client is materially and criminally responsible for the accuracy of its information specified in the lease agreement.
The Client is obliged to inform ALFA LOGISTIKA in writing about any change in the data immediately, and no later than within 30 days from the occurrence of the change. If the customer does not inform ALFA LOGISTIKA about the change of data in time, the customer will be liable for any damage to the supplier or third parties, and if therefore invoices, reminders for non-payment and other ALFA LOGISTIKA notifications cannot be delivered to the customer, delivery will be considered on the basis of existing data validly executed.
The information related to the contractual relationship is a business secret of the company ALFA LOGISTIKA. ALFA LOGISTIKA will collect, process and use data related to the contractual relationship in accordance with the regulations on personal data protection.
The Client agrees that ALFA LOGISTIKA may provide information to the Client, in accordance with the applicable regulations of the EU Member State:
- provide financial institutions, companies registered for creditworthiness testing and collect and process data for the purpose of checking the solvency of the customer and data on breach of contract with the supplier, all to protect the legitimate business interests of ALPHA LOGISTICS in reducing the risk of possible damage, reduction future debt and protection of the client’s interests,
- to provide creditor banks and debt collection agencies with the necessary information to enable the assignment of claims that ALFA LOGISTIKA has against the client and to transfer claims against the client to third parties, including but not limited to creditor banks and debt collection agencies, in the manner and in accordance with applicable regulations.
The Tacho CLOUD computer system is an efficient service for:
- remote download of data from driver memory cards,
- processing of data from digital tachograph and driver memory cards,
- analysis of data from digital tachograph and driver memory cards,
- archiving digital tachograph data and driver memory cards.
The operation of the Tacho CLOUD computer system is fully compliant with EC standard 561/2006 and European Union legislation.
The use of the Tacho CLOUD computer system can be contracted with authorized legal entities by ALFA LOGISTIKA or with authorized sales representatives by ALFA LOGISTIKA.
The Tacho CLOUD system consists of a user and a control part. The user part of the system consists of the computer application Tacho CLOUD and the mobile application through which the customer connects to the central database and accesses the data and loads data related to the customer’s user data.
To connect to the Tacho CLOUD system, the customer is assigned user data (username and password). The user enters user data in the login box of the Tacho CLOUD user application, on a personal (local) computer or mobile device.
It is possible to send data from the Tacho CLOUD system to third party software. Prior written approval from ALFA LOGISTIKA is required to send data to third party software.
The rental of Tacho CLOUD computer system services is divided into system licenses. System licenses define the level of possible functionality of the Tacho CLOUD computer system. System licenses cannot be purchased, but only rented for an agreed period of time for an agreed number of drivers.
All services of the Tacho CLOUD system that are not part of the contracted level of service are charged separately according to the valid price list of the company ALFA LOGISTIKA, which is published on the website www.alfalogistika.hr.
The number of leased system licenses is equal to the number of drivers for whom data from driver memory cards are imported into the Tacho CLOUD system, and each Tacho CLOUD license is not limited to the amount of imported data per driver, but for each created driver in the Tacho CLOUD system. . One (1) leased system license is valid for one (1) driver whose data is or will be in the Tacho CLOUD system, regardless of the amount of data or the number of data transfers.
INTEGRATION INTO THE SYSTEM – SERVICE ACTIVATION
Inclusion in the Tacho CLOUD computer system is only possible for customers of the Tacho CLOUD computer system who have a lease agreement with ALFA LOGISTIKA.
ALFA LOGISTIKA will include the client in the system, ie activate the service for all leased system licenses no later than 24 (twenty four) hours from the date of entry into force of the contract.
For justified reasons, this deadline may be extended for the next 24 (twenty-four) hours, with the written consent of both parties.
By joining the ALFA LOGISTIKA system, it enables the customer to access the Tacho CLOUD computer system using the assigned user data.
User data (username and password) will be delivered to the client to the e-mail address specified by the client in the lease agreement.
The supplier is not responsible for the accuracy of the client’s e-mail address, nor for errors and security settings of the client’s e-mail address.
The Client accesses the services of the Tacho CLOUD computer system via the assigned username and password via the Tacho CLOUD network application.
The Tacho CLOUD system can be accessed at: www.portal.tacho-cloud.com
User data may be used by the customer and his authorized persons.
The data of the driver of the contracting authority for which the activation and use of the Tacho CLOUD system have been contracted shall be included in the Tacho CLOUD computer system.
The number of drivers that the customer can include in the Tacho CLOUD system is determined by the number of leased system licenses, where (1) one Tacho CLOUD license corresponds to the inclusion of (1) one driver, ie data for (1) one driver in the Tacho CLOUD system. The number of leased licenses is specified in the Tacho CLOUD Lease Agreement.
The client joins the Tacho CLOUD system after signing the Tacho CLOUD lease agreement. The number of system licenses that the client includes in the Tacho CLOUD system are specified in the lease agreement. The number of system licenses specified in the Lease Agreement represents the number of system licenses that the Client will use during the contractual relationship or has the right to use.
Any increase in system licenses that exceeds the agreed number of system licenses will be regulated by the supplier and the client by a new lease agreement or an annex to the existing lease agreement.
By renting licenses, the Client exercises the right to use the services of the Tacho CLOUD system for the number of contracted licenses.
The billing period is every month, invoices for system licenses are issued in the current month for each previous month for the number of system licenses specified in the lease agreement or for the actual number of Tacho CLOUD system licenses that were active if their number is higher. of the contracted.
The status of an individual driver is taken care of exclusively by the client in such a way that he must independently deactivate the driver / license in the system so that the system license is not charged.
If the license is inactive or has been deactivated, the system license will be automatically activated for each driver at the time the data is transferred from that driver’s memory card to the Tacho CLOUD system.
If the number of system licenses is less than the agreed number of system licenses, then the number of agreed system licenses will be charged.
If the number of system licenses is greater than the number of contracted system licenses, then the actual number of active system licenses will be charged.
DISCONNECTION FROM THE SYSTEM
Exclusion of the customer from the computer system Tacho CLOUD may occur as a consequence of:
- termination of the lease agreement,
- force majeure,
- in other cases when the supplier is authorized according to the provisions of these General Terms and Conditions to exclude the client’s system licenses from the system and deny him access to the system.
After disconnecting the customer from the Tacho CLOUD computer system, the customer will no longer be able to access the services of the Tacho CLOUD computer system via user data, and his login to the system will be disabled.
ALFA LOGISTIKA may exclude the client from the system if the client acts contrary to the provisions of these General Terms and Conditions, the lease agreement or the applicable legal regulations.
The costs of disconnection from the system and possible re-inclusion in the system shall be borne by the client. The costs of disconnection and reconnection are calculated according to the valid price list of the company ALFA LOGISTIKA, which is published on the website www.alfalogistika.hr.
PROTECTION AGAINST ABUSE
After concluding the lease agreement, ALFA LOGISTIKA acquaints the client with the conditions and rules of using the Tacho CLOUD computer system.
During the term of the lease agreement, the Client is obliged to comply with the General Terms and Conditions of Use of the System and to use the Tacho CLOUD system in accordance with them.
The Client is obliged to take care of the security of its user data and change the username and password as soon as it suspects their unauthorized use. The Client is fully responsible for all damages caused by unauthorized use of user data, as well as for all content published under his user data. The supplier is not responsible for cases of password misuse.
In case of suspicion of unauthorized use of the username and password, the client must immediately inform the Tacho CLOUD service provider, orally and in writing. If the notice is oral, the contracting authority is obliged to record the date, time of the notice and the name of the person who sent the notice.
The client is obliged to confirm the oral notification with all the information immediately or within 24 hours at the latest within 24 hours, otherwise it will be considered that there was no oral notification. In case of reporting the theft of the username and password or its unauthorized use, the company ALFA LOGISTIKA will disable access to the services, no later than (24) twenty-four hours after receiving the notification of the client.
CONFIDENTIALITY AND INTELLECTUAL PROPERTY PROTECTION
All intellectual property rights for the Tacho CLOUD service are the property of the supplier. The Client does not acquire any rights to these intellectual property rights by contract, except for the rights of use which are explicitly stated in these General Terms and Conditions.
Both parties undertake to keep all business and technical information available to them for the implementation of this contract as a business secret for at least three (3) years after the expiration of the contract. It will do the same if the contract is terminated.
MINIMUM TECHNICAL REQUIREMENTS REQUIRED FOR THE OPERATION OF THE TACHO CLOUD SYSTEM
The client must meet the minimum technical requirements in order to have unhindered access to the Tacho CLOUD system.
MS Windows, Linux, Mac OS, iOS, Android
Minimum download speed 2 Mbps.
Minimum upload speed 0.5 MB / s.
A smooth and stable internet connection is required for the smooth operation of the application. Without an Internet connection or if the Internet connection is below the specified parameters, the Tacho CLOUD computer system will not work, ie it will not be able to connect to the central database of the Tacho CLOUD computer system.
MINIMUM HARDWARE REQUIREMENTS OF THE CLIENT’S LOCAL COMPUTERS
Processor speed: minimum 1.5 GHz.
RAM: minimum 4 GB RAM.
Hard drive: minimum free capacity 5 GB.
Permanent internet connection provided.
Protected against computer viruses.
Installed Internet browser: Internet Explorer, Mozilla Firefox, Google Chrome, Opera, Safari.
MINIMUM HARDWARE REQUIREMENTS FOR MOBILE DEVICES
Processor speed: minimum 1.0 GHz.
RAM: minimum 512 MB RAM.
Hard drive: minimum free capacity 1 GB.
Permanent internet connection provided.
Protected against computer viruses.
Internet browser installed
QUALITY OF SERVICE
The supplier reserves the right to periodically turn off the services of the Tacho CLOUD computer system due to emergency service work on the central database. During these shutdowns, the supplier will ensure that they last for the shortest possible time. The supplier will inform the client about such exclusions in advance on the website www.alfalogistika.hr.
The monthly rent is not reduced due to the inability to use the services of Tacho CLOUD due to the works from the previous paragraphs of this article.
SUBMISSION OF COMPLAINT OF THE CLIENT
The Client may file a complaint regarding the provision of Tacho CLOUD services, the quality of the service provided, the amount in charge of the service provided and a complaint due to violation of the provisions of the Lease Agreement. The objection must contain the facts and evidence on which it is based.
The complaint is submitted in writing to the valid e-mail address of the supplier listed on the website www.alfalogistika.hr, or by registered mail.
The complaint must be submitted within 8 (eight) days of learning about the action or omission of ALPHA LOGISTICS due to which the complaint is submitted.
Complaints about the amount of the invoice are submitted within 8 (eight) days from the due date of the invoice, to the valid e-mail address of the supplier listed on the website www.alfalogistika.hr or by registered mail.
The Supplier undertakes to respond to the complaint in a descriptive manner within 8 (eight) days from the date of receipt of the Client’s complaint.
LIABILITY FOR DAMAGES
ALFA LOGISTIKA is not responsible for disturbances in the system and possible damages that would occur to the customer as a result of:
- errors, interference or malfunction of the Internet connection between the service provider and the client,
- loss or alienation of username and password (user data),
- non-compliance with the provisions of the lease agreement, these General Terms and Conditions, recommendations or explicit instructions of the supplier,
- operating system or internet browser errors.
The supplier is not liable for any damage that may occur due to the publication or unauthorized use of data in the event of: burglary of the computer system, loss or disclosure of the user password, negligent storage of the user password.
The supplier is not responsible for and does not guarantee for damages and errors that would result from the software of the Tacho CLOUD system. In no event shall the supplier be liable for any damages, including but not limited to damages due to loss of profit, business interruption, loss of business information, legal violations, legal penalties or other material or non-material damage resulting from the use or inability to use the services. Tacho CLOUD system.
In other cases of liability for damage, which are not covered by the provisions of Articles 22-24, the supplier is liable on the basis of fault only for ordinary damage (reduction of property). The supplier’s liability for damages is limited to the average monthly amount of rent paid by the injured party during the last six months before the harmful event, or to the average monthly rent calculated for the period from the client’s inclusion in the system until the occurrence of the harmful event. less than six months.
When detecting errors and irregularities, ie the occurrence of damage, the client must do everything in its reasonable capacity to reduce the damage and / or harmful consequences.
SERVICING AND MAINTENANCE
Under the contract, the supplier ensures that the customer has proper maintenance and servicing of the Tacho CLOUD software.
Defects in the operation of the Tacho CLOUD computer system that do not arise due to unauthorized use of the username and password will be rectified by the supplier as soon as possible.
Maintenance response times and maintenance deadlines are defined by the Service Level Agreement (SLA) published on the website www.alfalogistika.hr. There are three (3) levels of service that are contracted with the client. The level of service is specified in the contract.
The level of the contracted service according to the provisions of the service level agreement is indicated on the lease agreement.
The client will inform the supplier about the impossibility of using the Tacho CLOUD system and other possible errors in the operation of the Tacho CLOUD system at the contacts listed on the website www.alfalogistika.hr.
If the Client does not inform about the inability to use the system and other possible errors in the system in the manner specified in the previous article or if the Client fails to act in accordance with Article 17 in case of suspicion of unauthorized use of username and password, the Client has no right to complain on the amount of the bill.
PRICES AND PAYMENTS
The services of the Tacho CLOUD system are paid and calculated in accordance with the valid Price List published on the website www.alfalogistika.hr and in accordance with the lease agreement.
The prices of the monthly rent of the supplier’s services are defined in the price list which is an integral part of the lease agreement between the supplier and the client.
The Supplier shall issue an invoice for the services under the contract every first day of the month for the previous month. The payment deadline is 10 (ten) days from the date of invoice issuance.
The supplier charges for the services on a monthly basis, unless a different payment interval has been agreed in the lease agreement or after its conclusion in writing.
The Client pays the rent for the current month in accordance with the issued invoice, by the 10th of the current month for the previous month, to the supplier’s bank account indicated in the issued invoice.
The Client is obliged to pay the rent starting from the day specified in the lease agreement as the day the contract enters into force.
The supplier reserves the right to change the prices of services. The supplier will inform the client about the price changes in a timely manner, at least one month before the new prices come into force on the website www.alfalogistika.hr. or by sending a notice to the client’s email address.
The monthly rent for system licenses is calculated as follows:
– rent is calculated for the previous month in the current month,
– rent for the first and last month of the provided service will be charged for the whole month,
The amount of monthly rent is equal to the number of system licenses used by the client unless the number of system licenses is greater than the agreed number of licenses specified in the lease agreement, in which case the monthly rent will be calculated according to the actual number of system licenses used during the billing period. .
The Client is obliged to pay all costs (rent) incurred due to the use of the computer system Tacho CLOUD by a third party.
The Client and the Supplier may, for the purpose of determining the benefits of Tacho CLOUD services, enter into an agreement for trial use of the Service, based on which the Supplier will enable the Client to use the Tacho CLOUD computer system during the trial period.
The trial period lasts (30) days, counting from the moment of opening the user account to the client.
There is no trial period.
No contract is concluded for a trial period.
OBLIGATIONS OF THE CONTRACTING PARTIES
The Supplier undertakes to:
- to include the client in the Tacho CLOUD system no later than the day specified in the lease agreement as the deadline for inclusion in the system,
- provide basic education to the client according to the prices from the price list of additional services published on the website www.alfalogistika.hr.
- provide advanced education to the client according to the prices from the price list of additional services published on the website www.alfalogistika.hr.
- service and maintain the software of the Tacho CLOUD system for the duration of the lease agreement,
- provide customer support to the client in accordance with the provisions of the contract on the level of service published on the website www.alfalogistika.hr.
- perform contractual obligations well, on time and according to the rules of the profession,
- appoint telephone and e-mail contacts through which orders will be executed professionally and in a timely manner and resolve the client’s complaints at the web address www.alfalogistika.hr.
- take appropriate measures to protect the client’s business data,
- use personal data in accordance with the regulations on personal data protection,
- keep technical and business information, data and documentation from the contractual relationship and the activities of the client as a business secret, even after the termination of the contractual relationship.
The Client undertakes to:
- use the Tacho CLOUD system as a good manager,
- use the Tacho CLOUD system in accordance with the provisions of these General Terms and Conditions,
- keep technical and business information, data and documentation from the contractual relationship between the customer and the supplier as a business secret, even after the termination of the contractual relationship,
- settle all obligations under the contract within the deadline.
Force majeure is considered to be the occurrence of circumstances that prevent the fulfillment of contractual obligations of one or the other contracting party, which arose after the conclusion of the contractual relationship, and the contracting parties could not foresee, prevent or avoid them during the conclusion of the contract. sides.
In the event of force majeure, the Contracting Party in which it arose shall notify the other Party in writing of the occurrence or cessation of force majeure, as well as take all reasonable measures to eliminate or reduce the consequences of force majeure.
In case of damage due to force majeure, each contracting party is obliged to bear its own damage, ie costs incurred due to force majeure.
TRANSFER OF THE CONTRACT
The contract can be transferred to another legal or natural person if the new client (successor) continues to use the services of the Tacho CLOUD system, which is already active with the client (ancestor).
At the request of the client (ancestor), ALFA LOGISTIKA will transfer the contract to another person, ie a new client (successor) by establishing a lease agreement with a new client (successor) in accordance with these General Terms and Conditions, provided that the ancestor has duly settled all due obligations. by the date of the request for transfer. The ancestor is obliged to settle the invoice for the use of services in the month in which the contract was transferred by the day of the transfer, and the new client (successor) is obliged to settle the invoice for the use of services after the transfer.
In the event of the death of the client of a natural person or the cessation of the existence of a legal entity, the heir or legal successor may apply for the transfer of the contract.
The contract together with all rights and obligations passes to the new client (successor) only when ALFA LOGISTIKA accepts the request for transfer of the contract in accordance with the provisions of Articles 8 and 9 of these General Terms and Conditions.
The new client (successor) agrees that together with the previous client (ancestor) will be jointly and severally liable for all obligations to ALFA LOGISTICA relating to the use of supplier services by the previous client (ancestor), due after the transfer of the contract, based on explicit consents on joint and several liability for the debt of the previous client (ancestor) specified in the request for transfer of the contract.
TERMINATION OF THE CONTRACTUAL RELATIONSHIP
An agreement concluded for an indefinite period of time may be terminated by either party with a notice period of 3 (three) months.
The three-month notice period shall begin on the first day of the month following the month in which the notice was received by the Contracting Party to which the contract is terminated.
The contract terminates on the last day of the notice period.
Cancellation is given in writing and sent by registered mail with return receipt.
A contract concluded for a definite period of time after the expiration of the contracted period is automatically extended for the same period of time specified in the lease agreement.
The client may notify the supplier in writing no later than three (3) months before the end of the contract period that he does not wish to renew the contract for a new period, in which case the contract terminates at the end of the period originally concluded.
The provisions of the previous article on automatic renewal of the contract do not apply if the client is a natural person who does not perform a registered activity or if the lease agreement states that the contract is not renewed automatically and in that case the contract terminates.
A fixed-term contract concluded as a client by a natural person and a fixed-term contract stating that it is not renewed automatically may be terminated by the client before the end of the contract period.
A fixed-term contract which is automatically extended (to which Article 41 does not apply) may be terminated by the contracting authority no later than the beginning of the period of three months before the end of the contract period.
Notice of termination shall be delivered to the supplier in writing by registered mail with return receipt, to the address of the supplier’s registered office in the court register.
The contract is terminated by delivery of the notice of termination to the supplier.
In all cases of termination of the contract referred to in this Article, the client is obliged to pay all monthly fees under the contract until the end of the contracted period.
Regardless of whether the contract is concluded for a definite or indefinite period of time, the supplier has the right to exclude the customer from the use of the computer system Tacho CLOUD if and until he pays the costs of services rendered. The supplier will first warn the customer with a reminder according to the following schedule:
if the customer is late with the payment of one (1) more than 15 days from the due date, the supplier will warn the customer with a reminder and deny the customer access to Tacho CLOUD, and in a written reminder to warn him of the obligations under these general conditions,
If the Client fails to settle its obligations arising from non-payment of one (1) or more outstanding invoices or after thirty (30) days from the due date of the first issued invoice, the Supplier shall terminate the lease and terminate the lease in writing by mail. to the client.
In any case, the Supplier may, regardless of its settlement of obligations under the invoices, without delay exclude the Client from the system and terminate the contract when it determines that the Client acts contrary to the provisions of these General Terms and Conditions, lease or applicable law.
Cancellation, termination of the contract and all written notices from this chapter shall be delivered by registered mail with return receipt, to the address of the supplier’s registered office in the court register, or to the address of the client specified in the lease agreement or to another address of the client. notified the supplier in writing after concluding the lease agreement.
The contracting party who does not pick up the postal item bears the risk of missing delivery.
As an proof of sending or not receiving all the planned written documentation by mail, there is an excerpt on the recommended sending of documents with a return receipt from the courier service to which the documentation is delivered.
In the event of termination of the fixed-term lease, before the expiration of the contract, the client is obliged to pay all remaining fees remaining until the expiration of the contract.
The remaining fees shall be paid by the Client in the event of termination of the contract before the expiry date by the Client or by the Supplier, if the Supplier terminates the Contract pursuant to Article 43.
The Contracting Parties shall settle all possible disputes amicably. In the event that the parties fail to resolve the dispute amicably, the competent court is in Zagreb (Republic of Croatia).
These General Terms and Conditions enter into force on the day of their publication on the website www.alfalogistika.hr.
These General Terms and Conditions apply to service providers with whom the lease agreement has been concluded after the entry into force of these General Terms and Conditions.
ALFA LOGISTIKA reserves the right to change the General Terms and Conditions, in which case ALFA LOGISTIKA will inform the clients in writing or electronically about the intended changes and their right to terminate the contract, no later than publishing these changes on the website www.alfalogistika.hr.
In the event of changes to these General Terms and Conditions, they will begin to apply to existing customers within 30 days from the date of their publication. If the changes are solely in favour of the contracting authority, they will apply to existing contracting authorities on the day of publication.
If the changes to the General Terms and Conditions are less favourable for the client than the previously agreed conditions, the client has the right to terminate the contract free of charge within 30 days from the date of publication of these changes.
These General Terms and Conditions enter into force on 01.10.2020. years.