1. Introductory provisions
These general conditions of use govern access to the platform HVAC.TOP, use of the online application, subscription relationship, rights and obligations of users, liability limits, data processing rules, payment conditions, termination of use and other relationships between provider and user.
HVAC.TOP is a digital SaaS platform for companies, sole proprietors, HVAC installers, repairers and providers of heating, ventilation, air conditioning and related technical services that want to better organise work, orders, customers, documentation, communication and professional performance.
The platform is not a marketplace, a customer agency, a sales agent, an advertising agency, a franchise system or a warranty system for obtaining enquiries. The user understands that demand, customers, orders, traffic, revenues and business results must be delivered on their own.
2. Definition of terms
Platform means web application HVAC.TOP With modules, user interfaces, databases, digital forms, documents, templates, notices and related services.
Provider means VERCOD d.o.o. or the legal entity listed as platform operator. User means legal person, sole proprietor, organisation or natural person with an activity using a platform for business or professional purposes.
User data means all data, documents, entries, images, files, records, customer data, orders, services, projects, communication and other content entered by the user into the platform.
3. Purpose of the platform
Purpose HVAC.TOP is to enable the user to perform his own HVAC services in a more orderly, transparent and professional manner.
The platform assists in customer and contact management, order management, services, installation and projects, organisation of terms and tasks, preparation or storage of documentation, internal work organisation and better review of own services.
The platform does not guarantee that the user will acquire new customers, increase revenues, improve profits, achieve better positions in search engines, receive more inquiries or achieve any concrete business result.
4. B2B nature of the service
Platform HVAC.TOP is primarily intended for business users and is generally used in a relationship B2B..
The user confirms that it uses the platform for business, professional or business purposes. If the platform is used as a consumer, it must inform the provider in writing before signing the subscription.
If the user gives details of the company, activity, s.p., institute, association or other organisation at the time of registration, the service shall be deemed to be used as a business user.
5. Registration and User Account
The use of the platform requires registration of a user account. The user must provide true, complete and up-to-date data and be responsible for the correctness of all data he enters into the platform.
The user must protect the username, password, access data and other authentication elements. Any use of an account shall be deemed to be used by the user unless it proves that the abuse has occurred exclusively because of the fault of the provider.
The user shall not share access with unauthorised persons, sell or transfer an account, allow the use of an account to analyse or copy a competitive platform or use platforms for unlawful, misleading or harmful purposes.
6. Subscription, payments and duration of application
The use of the platform is possible on the basis of a valid subscription, free trial period, promotional access or special written agreement.
The subscription is valid exclusively for the period paid. Upon expiry of the period paid, the right to use the platform shall automatically expire unless the user settles the subscription in due time for the new period.
If the user fails to pay the subscription in due time, the provider may limit access, temporarily block the account, disable individual functionality, prevent the entry of new data or delete the data or archive it in accordance with the terms and conditions after a reasonable period of time. The fee paid shall not normally be refunded unless the refund is compulsory under compulsory regulations or approved in writing by the tenderer.
7. Free trial period and promotional access
The provider may allow a free test period, promotional access, founding package or time-limited free use.
Free use does not create the right to permanent free use, discounts, compensation, compensation or further access after the expiry of the free period.
The provider may modify, shorten, extend or terminate the free test period if this is without prejudice to the user’s rights already paid.
8. User obligations
User undertakes to use the platform legally, responsibly, professionally and in accordance with the conditions.
The user is responsible for the legitimate performance of HVAC activities, obtaining licences, licences and qualifications, the correctness of technical solutions, the safety of the works performed, customer relations, compliance with legislation, data correctness and the legal processing of personal data.
Users should not use the platform in a way that could harm the provider, other users, third parties, platform stability, data security or reputation HVAC.TOP..
9. Exclusion of the provision of demand
The user understands that HVAC.TOP does not guarantee the acquisition of enquiries, new customers, transactions, orders, revenues, profits, online traffic, inclusion in search engines, advertising results or other business effects.
Indications that the platform helps with a more professional performance, better organisation or better user presentation do not constitute a promise of a concrete business result.
User is responsible for own sales, advertising, marketing, customer communication, preparation of offers, procurement and provision of services.
10. Technical nature of the platform
HVAC.TOP is an organisational-business-information tool and is not a substitute for expert judgement of an installer, project designer, repairer, engineer, supervisor, lawyer, tax advisor or other expert.
Calculations, templates, forms, texts, warnings, recommendations or organisational tools in the platform shall be of an informative and auxiliary nature, unless expressly provided otherwise in writing.
Before using a document, data, calculation, reminder or template, the user must verify the correctness, legality, technical suitability and suitability for a specific case.
11. Availability and changes to the platform
The provider shall endeavour to ensure the stable and secure operation of the platform, but shall not guarantee that the platform will always operate continuously, without error, without failure, without delay or without security incidents.
Access may be temporarily restricted due to maintenance, upgrading, technical problems, roaming errors, security reasons, force majeure, attacks, abuses or legal requirements.
The provider may develop, modify, upgrade, optimize or modify the platform and add or remove functionality if it does not significantly withdraw the basic service already paid for the current period..
12. Forbidden use
The platform shall not be used for illegal purposes, fraud, misleading, spam, malicious code, attempted intrusion, burdensome attacks, intellectual property violations, illegal processing of personal data, offensive or harmful content, competitive analysis or development of a competitive service.
In case of a serious infringement, the provider may immediately restrict or terminate access to the user without refunding the subscription.
13. User information and safety
The user shall remain the owner of its data which it enters into the platform. It confers on the provider a limited right to process these data for the provision, maintenance, protection and improvement of the platform and the fulfilment of contractual and legal obligations.
The provider implements reasonable technical and organisational measures to protect the platform and data, but no information system is completely secure.
The user must provide for the export, archiving and backup of the data where they are relevant for his business, proof, tax obligations, customer relations or other legal purposes.
14. Limitation of liability
The provider shall be liable only for direct damage caused to the user by a proven breach of the contractual obligations of the provider and only to the extent permitted by the compulsory regulations.
The provider is not liable for lost profits, lost revenue, lost customers, lost demand, business opportunities, indirect or consequential damage, termination of business, incorrect user data, user behaviour towards its customers, technical execution of HVAC services or errors of third parties.
The total liability of the provider is limited to the amount of subscriptions actually paid by the user in the last three months preceding the damage event, up to a maximum of 300,00 EUR, unless the mandatory rules provide otherwise.
15. User liability
The user shall be liable to the provider for damages resulting from breach of the terms, illegal use of the platform, illegal or incorrect entry of data, violation of third party rights, unauthorised use of the account, violation of the protection of personal data or claims of users’ customers against the provider, in so far as they result from the behaviour of the user.
The user undertakes to protect the provider from claims from third parties arising from the user’s activities, HVAC services, customer communications, documentation, offers, accounts, services, installation or other business practices.
16. Intellectual property and confidentiality
All rights on the platform HVAC.TOP, software, codes, design, graphic elements, logos, texts, structure, data models, functionalities, documents and templates belong to the provider or its licensed providers.
Only a limited, non-transferable, non-exclusive and revoking right to use the platform at the time of applicable paid access.
The parties undertake to protect confidential information even after the termination of the platform.
17. Support, termination and modification of conditions
Support may be provided by e-mail, form, support system or other communication channel. Support shall not include legal, tax, accounting, design, engineering or other professional advice unless specifically agreed in writing.
The user may cease to use the platform at the end of the paid period. The provider may restrict or terminate access due to non-payment, violation of conditions, abuse, security risk, illegal use or competitive copying.
The provider may change the terms from time to time. Continued use of the platform after the entry into force of the amendments means acceptance of changed conditions.
18. Law and Dispute Resolution
The law of the Republic of Slovenia shall apply to the conditions and relationship between the provider and the user.
The parties will first seek to resolve the disputes by mutual agreement. If this is not possible, the competent court shall have jurisdiction in substance after the establishment of the tenderer, unless the mandatory rules provide otherwise.
