which came into being on the one hand between
Vivien Németh (Tax identification number: 67951075-1-40; Registration number: 50993844; Electronic (e-mail) address: firstname.lastname@example.org; Telephone: 0036205544633) as the provider – from now on: Provider
the person using the service on the webpage of Provider – from now on: User
from now on collectively: Contracting Parties
based on the following:
The subject of contract:
The pszichologiai-tanacsadas.hu webpage (from now on: Webpage) is in the possession of Provider through which she provides psychological counselling (from now on: Service). By doing so she assists User to find a trustworthy, highly qualified specialist to solve his problem. This counselling described in the contract is not equal to medical care, it is exclusively counselling. User can be any able natural person. The consent of legal representation is needed for children over 14 of partially limited capacity. If User is not over 18 despite his proclamation, Provider cannot take any responsibility.
Incapable people cannot use the Service.
Using the Webpage assumes that User possesses his total mental wits, is able to take responsibility for his future and decisions. Should the opposite turn out during psychological consultations, the therapist suggests psychiatric treatment.
User understands that articles, blog entries on the Website do not count as professional attitude regarding the fact that every problem and situation is individual that is why they need individual approach which is the responsibility of User.
Contracting Parties ascertain that User understands and accepts – with his explicit consent – that by using Website and its content specified in paragraph (1), User and Provider get into a contractual relationship, in which the present and the actual content of paragraph (1) included in the General Terms of Contract are authoritative, its instructions are binding on contracting parties. The contract is qualified as a written English contract and will be preserved for 5 years from the point of drawing it.
Definition of Service:
Provider provides psychological counselling as stated in paragraph (1) by using different methods to User.
Service provided to User by Provider happens according to the following:
User can make use of a psychological consultation by making an appointment in advance using the phone number or e-mail given on the Website under ‘Appointments’ heading.
User gets a confirmation e-mail or an oral confirmation in case of a phone call about the appointment, details about contact and other important information from Provider. This confirmation verifies entering into this contract between User and Provider.
Psychological counselling takes place at a time chosen by User:
personally, in a place specified by Provider (personal consultation)
by using a Skype video call (online consultation).
In case of a personal consultation Provider maintains the right to change the location or time of counselling, for which Provider does not take any responsibility. In case of an online consultation Provider maintains the right to change the time of counselling, for which Provider does not take any responsibility.
In case of an online consultation User can cancel the appointment 24 hours before the agreed time. Should User cancel the appointment less than 24 hours before the consultation he is obliged to pay 2500 HUF cancellation fee irrespective of whether he wishes to use the online consultation later.
In case of a personal consultation (50 minutes) User is obliged to pay 2500 HUF cancellation fee irrespective of using the Service later.
In case of a personal consultation (90 minutes) User is obliged to pay 5000 HUF cancellation fee irrespective of using the Service later.
Should Provider initiate cancellation of psychological counselling she does not take any responsibility for this. Provider can cancel Service any time (even 24 hours before consultation) and she does not take any responsibility for this.
Provider can treat some psychic illnesses in accordance with her competence, this decision is Provider’s own responsibility regarding the fact that she cannot get personal impressions of User or can get them in a limited way.
User understands that the consultation does not qualify as medical treatment. Provider can suggest psychiatric care in case of mental problems.
User understands that Provider can suggest calling free mental help emergency service in urgent cases or in danger of suicide.
Provider states, User understands and accepts by using Service that the authenticity of any and all data, information and content given by User are User’s responsibility and Provider does not take any responsibility for them.
The price of Service:
User truly understands that psychological counselling as specified in paragraphs (3) and (4) and online psychological counselling are subject to fees. Using Service takes place in exchange for a fee based on appointments made in advance.
Provider fixes prices on Website under ‘Prices’ heading. User understands that information considering prices found on www.pszichologiai-tanacsadas.hu under ‘Prices’ heading is regarded as final authoritative against any and all information regarding prices (online or offline). Provider reserves the right to raise the fees and is obliged to inform User at least 24 hours before the following consultation. The fee specified by Provider has to be paid in one of the ways indicated in paragraph (6).
Methods of payment:
User can choose to pay the fee of Service in one of the following ways:
In case of a personal consultation:
Cash, at the time of the consultation. User is obliged to provide his surname, first name and address. Provider states that she handles the data mentioned above as specified in the Data Management Guidelines.
In case of an online consultation:
Advance bank transfer, to the bank account number given to User by Provider.
User is obliged to provide his surname, first name and bank account number (even IBAN number if needed in case of User with a foreign address) and the name of the bank providing the bank account number.
User is obliged to provide his surname, first name and address for paying the fee. Provider states that she handles the data mentioned above as specified in the Data Management Guidelines. In case of an online consultation the fee of Service has to arrive at Provider’s bank account 24 hours before the appointment. Provider sends her bank account number to User in advance. Provider does not inform User about the arrival of the fee, only if User specifically asks.
Instructions regarding responsibility:
8.User takes responsibility and guarantees that he uses Services properly and legally by keeping legal laws and this General Terms of Contract. User obliges himself to pay all fees, fines and other expenses for notice by keeping the deadline, which are endorsed with Provider by authorities, courts and third persons because of violating the General Terms of Contract. In cases mentioned above User is obliged to take responsibility based on laws against the entitled directly (instead of Provider) and pay the imposed fine, compensation for the authorities, court or third person. If Provider has already paid the above mentioned fee, User has to pay it immediately to Provider.
Provider does not take any responsibility for consequences originating from data given by User inaccurately or because of the deficiency of modified data (including information connected to the medical condition of User).
Provider does not take any responsibility for damages originating from using User’s password either with or without his knowledge unauthorized. User must be responsible for damages caused to Provider or a third person because of using his own password or profile unauthorized.
Provider does her best to provide her Service continuously, but does not take responsibility for faults and their consequences independent of her, especially – but not exclusively – for discontinuous service of Internet, other technical faults, breakdown, behaviour damaging Internet safety, faults and consequences of destructive applications, programs, viruses planted by others.
Consulting the therapist does not mean User is not personally responsible for his own future and life. For people under guardian care because of non compos mentis it is recommended that treatment should take place in hospital context. Provider confronts User with his problems during counselling and makes a suggestion considering the direction of treatment. User should make a careful decision to keep it, it remains his responsibility. Provider does not take any responsibility for User’s deeds. In certain cases situations may arise when Provides recommends consulting other specialists for example a psychiatrist (if medications are needed) or GP (in case of a somatic disease).
User understands by maintaining and taking into account paragraph (5) of this General Terms of Contract that Provider excludes her responsibility in any direct or indirect consequence or damage including absent profit, expenses and other than financial damages.
Instructions about copyright:
User is entitled to use the content of Website for gaining personal information. The mentioned content is Vivien Németh’s intellectual product so her written permission and the specification of the source are needed to use it in business or to copy it unchanged or very similarly. In case of breaching this, the unauthorized person is obliged to pay 100000 HUF penalty daily for every copied page. It counts a copied page if more than 20% of the text is the same as on the Website and it is used without permission. By copying the information User accepts this penalty agreement. To prove this we use a notary to certify content at the expense of the person violating the law. User submits himself to the regulation of Hungarian copyright.
Instructions considering User:
User states and understands that he cannot use Service for commercial purposes. Especially (but not exclusively) he cannot post and send advertisements, the advertisements of other websites, he cannot collect other Users’ data commercially and unlawfully.
User further claims he does not use and deliver other people’s data as his own to use this Service, he does not use data, information, photos, other products and services under copyright without permission. User understands he cannot give his own password to a different person and cannot upload data, information and photos infected with malignant codes, viruses and mailwares.
User accepts that by using this Service he cannot share, post and forward any data, information or opinion that come into conflict with the existing law. User commits himself not to practise any behaviour which comes into conflict with the current Penal Code during using Service.
If Provider perceives behaviour from User violating General Terms of Contract or the law she is entitled to – after informing User – exclude User from Service without paying any compensation.
Provider calls User’s attention that data and information in her possession contain personal data. At the same time she states that she keeps all operative and relevant laws entirely considering personal data.
User declares that by using Website he consents explicitly that Provider can handle the following data in connection with Service specified in General Terms of Contract.
Time of visiting Website, the IP address of User’s computer, website visited previously, time spent on website, information concerning behaviour and demographic data, data connected to User’s operation system. In case of an appointment: name, e-mail address, telephone number, date, time.
Duration of handling data: duration of contract.
Purpose of use: to be able to offer service effectively and on a high level.
Should Provider use a data processor the employees providing service for Provider are entitled to know data handled by Provider.
User explicitly consents by using Service that Provider can handle, hand over and forward personal data given by User during carrying out Service as specified in this contract to a third person. User agrees that Provider can get in touch with him through the accessibility provided by User. Further rules considering data management and protection in detail are found in the Data Protection document which forms an inseparable part of this General Terms of Contract.
User can inform Provider about any kind of complaint in connection with Service orally or in e-mail to email@example.com who will handle it in accordance with the consumer protection law of CLV, passed in 1997.
In case of User’s complaint the provisions of the consumer protection law of CLV, passed in 1997 are normative.
Termination of contract:
This contract is terminated:
– with the joint agreement of User and Provider
– in case of exceptional notice immediately
Immediate exceptional notice is possible in case of serious or repetitive violation of contract. A letter with registered delivery has to be sent to the other party to state the exceptional notice in any part of service. User is obliged to pay the total price of Service for the agreed duration and also pay Provider’s damages.
Validity and modification of General Terms of Contract:
This General Terms of Contract will become valid on February 1 2018 and will stay valid and operative until withdrawal or modification. Provider is entitled to change General Terms of Contract any time one-sidedly.
All illustrations, the whole design, images and professional materials, blog entries on Website constitute the proprietorship of Provider in terms of copyright: they cannot be used, copied, circulated, visualized, handed over or published without the written permission of owner.
Should any provision of General Terms of Contract later prove to be invalid, it does not influence the validity of the whole contract, other parts are still operative. In questions not described in this contract the provisions of the Penal Code are normative.
Budapest, 1 February, 2018.