Terms and Conditions

1. Service provider

2. Scope and acceptance

These Terms and Conditions set out the general conditions applying to IT, business, consulting, development, operational, specialist-resourcing and related services provided by APMS Solutions.

These Terms apply together with the relevant proposal, order, framework agreement or other written agreement. If there is a conflict, the specific written agreement takes precedence.

By accepting a proposal, placing an order or entering into an agreement, the client confirms that it has reviewed and accepted these Terms.

3. Services

As agreed by the parties, APMS Solutions may provide one-off or ongoing IT and business services, specialist support, consulting, development, infrastructure and operational support, and project-based or capacity-based delivery.

The specific scope, place of performance, duration, resources, service levels, fees and other conditions are set out in the relevant proposal or agreement.

4. Orders, cooperation and performance

A service is ordered and accepted in writing, including by email, or through an agreement signed by the parties. APMS Solutions accepts an order by written confirmation or by starting performance.

The client must provide the information, access, decisions, documents and cooperation required for performance in due time. Any resulting delay extends the APMS Solutions delivery timetable as reasonably necessary.

Performance is considered accepted unless the client reports a material deviation from the agreement in writing within the period specified in the relevant agreement after delivery.

5. Fees, invoicing and payment

The service fee and the method of calculation are defined in the relevant proposal or agreement. Unless otherwise agreed, prices are stated exclusive of value added tax, which is added at the applicable rate.

The client must pay each invoice by the due date shown on it. In the event of late payment, APMS Solutions may charge statutory default interest and the applicable recovery-cost compensation and may suspend performance after prior notice.

Where an extension is accepted in writing before the service or relevant service period expires, the service continues under the new agreement.

6. Rights and obligations of the parties

Each party must cooperate in good faith, inform the other party about material circumstances affecting performance, and protect confidential business information received from the other party.

The client may use the services only for lawful purposes. For IT or network services, the client must comply with applicable security, access and acceptable-use requirements, including relevant network-security policies.

APMS Solutions may use contributors or subcontractors and, subject to any different provision in the relevant agreement, remains responsible for their activities as if they were its own.

7. Intellectual property and confidentiality

Ownership of pre-existing methodologies, templates, tools, software and know-how remains with APMS Solutions or the relevant third party. Rights to use or own deliverables created specifically for the client are defined in the relevant agreement.

Each party must keep non-public business, technical, financial and personal information received from the other party confidential and use it only for performance of the agreement.

8. Liability

APMS Solutions provides its services with the level of care generally expected in the relevant professional field. It is not responsible for an error, delay or loss caused by the client, a third party, an external service provider, incomplete information, unauthorised intervention or an event outside the reasonable control of APMS Solutions.

The extent of liability and any applicable limitations are defined in the relevant agreement. Liability that cannot legally be excluded remains subject to mandatory law.

9. Duration, suspension and termination

An agreement is concluded for the fixed or indefinite period specified in the relevant agreement. The applicable conditions for ordinary termination, termination for cause and expiry are defined in that agreement.

In the event of a material breach, payment default, unlawful use or a security risk, APMS Solutions may suspend the service or terminate the agreement as reasonably appropriate in the circumstances.

Termination does not affect payment obligations already due or provisions relating to confidentiality, intellectual property or liability that are intended to survive termination.

10. General and final provisions

APMS Solutions may amend these Terms unilaterally. The revised Terms will be published within an appropriate period before they take effect and, in an ongoing contractual relationship, the client will be informed in the manner agreed by the parties.

The parties will first seek to resolve disputes amicably. The legal relationship is governed by Hungarian law. Jurisdiction and venue are determined by applicable law and the relevant agreement.

If any provision of these Terms is invalid or unenforceable, the remaining provisions remain valid.