General terms and conditions of service
Language and Governing Version Notice
These General Terms and Conditions of Service have been translated from the Lithuanian language for convenience purposes only. In the event of any discrepancy, inconsistency, ambiguity, or conflict between the Lithuanian version and any translated version of these General Terms and Conditions of Service, the Lithuanian version shall prevail and be legally binding.
I. GENERAL PROVISIONS
1. The platform www.edufy.lt (www.edufygroup.eu) is administered by MB “Edufy group”, legal entity code 306007314, registered address: Paplaujos g. 3-38, LT-11342 Vilnius, Republic of Lithuania. These Terms are binding on every company and private individual providing services who wishes to manage and administer their services using the Platform.
2. The following terms are used in these Terms:
2.1. The terms used herein correspond to those defined in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter – the General Data Protection Regulation, GDPR). In this section, definitions of terms corresponding to those used in the GDPR are supplemented only insofar as necessary in the context of the Platform;
2.2. Platform – an electronic customer administration system accessible online via www.edufygroup.eu by logging in with unique credentials;
2.3. Platform Owner – the owner of the system used for the administration of service providers and customers who use or have used the services;
2.4. Service Provider – an institution or natural person that administers its services by processing and managing Data on the Platform;
2.5. Terms – these Platform terms of use applicable to Service Providers;
2.6. User – a natural person who is not registered on the Platform and is entitled to view information about the Service Provider published on the Platform;
2.7. Registered User – a natural person registered on the Platform who has a Personal Profile (account) on the Platform and who has registered for and uses or has used a Service Provider’s service;
2.8. Data – any information relating to a User or Registered User whose identity is known to the Service Provider or can be identified directly or indirectly using such data as name, surname, email address, telephone number, personal identification number and other additional information;
2.9. Provision of Data – disclosure of personal Data by transmitting or otherwise making it available (except by publication in mass media);
2.10. Data Controller and Processor – the Service Provider whose representatives are granted the right on the Platform to manage and process the personal data of Registered Users, themselves and other representatives of the Service Provider. This includes the Service Provider for whose services a Registered User registers on the Platform or whose authorised person registers representatives of the Service Provider on the Platform for the purpose of managing the services provided and administering Registered Users’ data;
2.11. Third Party – any legal or natural person other than the User or Registered User, the Data Controller and Processor, and persons directly authorised by the Data Controller and Processor to process Data;
2.12. Training Material – audiovisual material created by the Platform Owner for the purpose of training the Service Provider;
2.13. Consultation – information provided by email or telephone on how to achieve the desired result using the Platform’s functionality. During a Consultation, the Platform Owner does not modify Data unless separately agreed.
II. USE OF THE PLATFORM
3. The Platform Owner undertakes, under the conditions specified herein, to provide the Service Provider and its service customers with access to the Platform, and the Service Provider undertakes to pay for the services provided and regularly provide feedback regarding the Platform’s functionality, presentation of data and ease of use.
III. RIGHTS, DUTIES AND OBLIGATIONS OF THE PLATFORM OWNER
4. To implement all necessary technical and organisational measures for the protection of personal data.
5. To process Data in accordance with the laws and other legal acts of the Republic of Lithuania.
6. The Platform Owner undertakes to provide access to the Platform and provide the Service Provider with login credentials for the administrative section of the system.
7. To provide the Service Provider with all information necessary for using the Platform and processing Data.
8. To ensure that Data collected or provided by the Service Provider through the Platform is properly stored, remains intact and is not altered or distorted.
9. To ensure that Data provided by the Service Provider is adequately protected against unauthorised access by Third Parties.
10. To ensure the storage of Data backups so that, where necessary, the Service Provider can obtain a copy of its Data for the relevant period.
11. The Platform Owner has the right to collect statistics concerning the Service Provider’s activities through the Platform but may not publish such statistics publicly without the Service Provider’s separate consent.
12. The Platform Owner has the right not to provide Consultations on matters covered in the Training Material.
13. The Platform Owner has the right not to provide any services or Consultations if the Service Provider fails to comply with its obligations.
14. The Platform Owner undertakes not to disclose confidential data that becomes known to it while working with the Service Provider.
IV. SERVICE FEES, PAYMENT TERMS AND PROCEDURE
15. For the right to use the Platform, the Service Provider shall pay the Platform Owner an amount consisting of:
15.1. a fixed fee of EUR 0.73 (seventy-three euro cents) for each pro forma invoice generated for a Registered User of the Service Provider; the price includes the commission fee for the collection of funds – the payment initiation service;
15.2. a fixed fee of EUR 0.73 (seventy-three euro cents) for each qualified electronic signature made by the Service Provider or its Registered Users; the price includes automatic document generation and file storage on the server;
15.3. a fixed fee of EUR 0.045 (4.5 euro cents) for each SMS message sent to a Registered User of the Service Provider.
16. The Platform Owner shall issue an invoice for the services referred to in Clauses 15.1, 15.2 and 15.3 by the 5th day of the current month for the preceding calendar month.
17. The Service Provider shall pay the invoice issued by the Platform Owner within 5 days of receipt of the invoice.
18. If the Service Provider is late in paying an invoice in accordance with Clause 17, late payment interest of 0.05% shall apply from the date the debt arises until the date the invoice is paid.
19. If the Service Provider fails to comply with Clause 17, the Platform Owner has the right to restrict access to the Platform, including access to Data.
V. RIGHTS, DUTIES AND OBLIGATIONS OF THE SERVICE PROVIDER
20. To implement all necessary technical and organisational measures for the protection of personal data.
21. To process Data in accordance with the laws and other legal acts of the Republic of Lithuania.
22. The Service Provider undertakes to provide feedback by email or other means of communication regarding the Platform’s functionality, presentation of data and ease of use.
23. The Service Provider undertakes to provide accurate information identifying the Service Provider on the Platform and to promptly inform the Platform Owner of any changes. At the Platform Owner’s request, the Service Provider shall provide documents confirming the accuracy of such information.
24. To ensure the secrecy and confidentiality of the login credentials provided for access to the Platform.
25. Before starting to use the Platform, the Service Provider must familiarise itself with the Training Material provided by the Platform Owner. If the relevant Training Material is unavailable or the Platform Owner does not provide the Service Provider with an opportunity to access it, the Service Provider has the right to request a Consultation from the Platform Owner.
26. The Service Provider undertakes to publish and administer on the Platform only content that does not contravene public order or good morals.
27. The Service Provider undertakes to ensure that server resources provided to it are not used for unlawful purposes, including, but not limited to, sending mass emails, damaging computer systems, interfering with the operation or security of networks, violating applicable laws of the Republic of Lithuania or the rights of the Platform Owner or Third Parties, or disproportionately affecting the performance and availability of the Platform and its components.
28. The Service Provider assumes full responsibility for any disputes concerning the legality of its use of the technical resources provided through the Platform.
29. The Service Provider has the right to create its own Data backups independently using data export and archiving tools.
30. The Service Provider undertakes not to disclose confidential data that becomes known to it while working with the Platform Owner.
31. The Service Provider shall be fully liable for claims and legal actions brought against the Platform Owner by Third Parties as a result of the Service Provider’s actions on the Platform.
VI. VALIDITY OF THE TERMS
32. These Terms enter into force upon their publication on the Platform. The Platform Owner has the right to amend the Terms at any time by notifying Service Providers thereof in writing at least 30 calendar days before the amendments enter into force. Service Providers shall also be informed of all amendments to the Terms on the Platform. The amended Terms shall enter into force on the date specified on the Platform. If the Service Provider does not agree with the amendments, it has the right to discontinue the use of services on the Platform. If the Service Provider continues to use its account on the Platform after the Terms have been amended, the Service Provider shall be deemed to have accepted the amendments.
VII. FINAL PROVISIONS
33. No economic copyrights or other intellectual property rights to the Platform, any part thereof or any related materials are transferred to the Service Provider. All registered and unregistered intellectual property rights in the Platform or any part thereof, related trademarks, domain names and other objects shall remain entirely the property of the Platform Owner, which retains all proprietary and non-proprietary rights and interests therein.
34. The Platform Owner has the right, without prior notice and without stating reasons, to restrict the registration of Service Providers on the Platform. A Service Provider’s account on the Platform shall be automatically deleted if none of the Service Provider’s representatives uses the account for more than 18 (eighteen) months.
35. If the Platform Owner fails to comply with its obligations set out herein, the Service Provider may suspend the transmission and provision of Data to the Platform Owner through the Platform until the dispute is resolved or the Service Provider deregisters from the Platform.
36. All disputes arising from the application and performance of these Terms shall be resolved through negotiations. If no agreement is reached within 30 days, disputes shall be resolved in accordance with the laws of the Republic of Lithuania. Relations arising under these Terms shall be governed by the law of the Republic of Lithuania.
37. If any provision of these Terms conflicts with laws or subordinate legislation or, for any reason, becomes partially or entirely invalid, this shall not affect the validity of the remaining provisions of the Terms.
38. The Service Provider may discontinue its use of the Platform by deregistering from the Platform.
39. All notices from one party to the other shall be sent by post or email. A party that fails to notify the other party of changes to its contact or registration details shall bear all adverse consequences arising therefrom.
40. Matters not regulated by these Terms shall be resolved in accordance with the Civil Code of the Republic of Lithuania.