Terms and conditions
This website is operated by YourPrezi Kft. (Corporate reg id: 13-09-164560; Court of registration: Pest megye, Hungary; EU TIN: HU24384018) . Throughout the site, the terms “YP”, “YourPrezi”, “we”, “us” and “our” refer to YourPrezi Kft. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or interacting with us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL CONDITIONS
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 - CUSTOM PREZI PRICING TOOL
Our Custom Prezi Pricing Tool (Prezi Pricer or Pricer) is a pre-parameterized guide and NOT an automatic offer making wizard. Any of the conditions and the related prices (subtotals for the parts or totals for the whole project) shown is not an offer. Its purpose is as follows:
This Pricer has been created on the basis of our 5 year long custom prezi making experience, as well as our conversations with our more than 140 international clients. We have destilled and created this questionnaire through this experience. Their aim is to let us determine what amount of work your custom prezi will take. Creating a custom prezi is mainly featured by the time required for its realization multiplied by our hourly designer rate.
Our questions and the pre-configured answers are our own intellectual property and YourPrezi reserves every possible right in connection with them. Don’t copy, duplicate, reproduce or otherwise utilize them.
This is why we charge you some extra money if your answer is of a hesitant type. It means for us that we have to discuss it with you which takes time or bears risks. In case you make up your mind, depending on your choice further fees apply as shown in the Pricer. Eg. if your choice for [04. 3rd party visuals is ‘I don’t know’] a fee of 80 USD applies for the above mentioned reasons. During our project negotiation (provided there is one) you decide to make us responsible for their arrangement, its related price will be charged.
You are always eligible to ask for a Non-Disclosure Agreement or offer yours to us before disclosing any confidential information.
Prices are net amonts (without sales, use, withholding or value added taxes) and shown in US dollars. Our prices are always given for our own work ie. prezi design. Any extra work (creating visuals, copywriting, voice-over, etc) has to be separately agreed and reimbursed to YourPrezi if ordered from us.
We only give you a firm offer after receiving all input materials that construe the content of your prezi and having all of your requirement in writing. However, if you fit in the chosen parameters (all of them in case of multiple pricing attempts) our price will stay too.
SECTION 3 - GENERAL AGREEMENT TERMS FOR CUSTOM PREZI PRODUCTION (GATECUP)
These Terms exclusively applies to all Service Agreements closed between YourPrezi and the Client for the purpose of creating a custom prezi unless explicitly stipulated otherwise in the applicable Agreement or in a Statement of Work.
In case of a conflict,
between a separate agreement and these terms, separate agreement,
between the rest of this document and this section (GATECUP), in case of a custom prezi service this GATECUP
terms shall prevail.
Client shall pay YourPrezi at the rates set forth in the applicable Agreement. Unless otherwise stated in the Agreement, Client shall pay YourPrezi within eight (8) days of the date YourPrezi submits the applicable invoice.
Unless specified otherwise in the Agreement, all sales, use, value-added, withholding or other taxes measured by sales or receipts are not included in our prices however, YourPrezi may only invoice such taxes and the like to Client that Client has been duly informed beforehand. Client agrees to pay directly, or reimburse and indemnify YourPrezi for any and all fees for licenses and services, registrations, permits, and other certificates, as may be required for the lawful execution and performance under the Agreement between the parties, including, without limitation, Federal or State sales or use taxes and other taxes, fees, or duties levied or imposed by reason of the transactions contemplated by the Agreement.
Where YourPrezi is registered to collect value added-, sales- or use taxes, YP shall invoice Client the amount of any state and local taxes imposed upon the sale of the property or service provided under the Agreement, however, YP may only invoice such taxes and the like to Client that Client has been duly informed beforehand. Installation, labor and other non-taxable charges must be separately stated. Client shall pay all applicable taxes to YourPrezi that are submitted in accordance with this section on an invoice from YourPrezi. YourPrezi shall remit taxes to the appropriate taxing authorities. YourPrezi shall honor tax exemption certificates, which Client may submit, pursuant to relevant tax provisions of the taxing jurisdiction providing the exemption.
If either party is audited by a taxing authority or other governmental entity in connection with taxes under this clause, the other party shall reasonably cooperate with the Party being audited in order to respond to any audit inquiries in an appropriate and timely manner, so that the audit and any resulting controversy may be resolved expeditiously.
YourPrezi shall not have any liability for a claim alleging that any deliverable provided by YourPrezi in accordance with this Agreement infringes a patent or copyright if the alleged infringement was developed based on information furnished by Client, or if the alleged infringement is the result of a modification made by Client where such infringement would not have occurred without the introduction of such Client provided information, or without such Client performed modification.
YourPrezi warrants that it has the right and power to enter into this Agreement and that the services will be performed in a workmanlike manner using all commercially reasonable skill and care in accordance with this Agreement and the Indicative Terms.
YOURPREZI DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, INCLUDING IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
Each party’s maximum liability for any action, regardless of the form of action, whether in tort or contract, including negligence claims, shall be limited to the amount of fees paid by Client under the applicable Agreement.
IN NO EVENT SHALL ANY PARTY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS.
All worldwide right, title, and interest in and to all or any portion of the recommendations, ideas, techniques, know-how, designs, specifications, programs, enhancements, and other technical information provided to Client by YourPrezi in the course of performing consultation services will vest with YourPrezi. Such services are hereby licensed to Client, without further license fees pursuant to the Agreement to which the consultation services pertain. Any recommendations, ideas, techniques, know-how, designs, specifications, programs, enhancements, and other technical information provided by Client to YourPrezi in the course of and which relate to YourPrezi’s provision of the Services Deliverables, with the exception of any Client Confidential Information, shall vest with YourPrezi.
YourPrzei performs this Agreement as an independent contractor, not as an employee of Client. Nothing in this Agreement is intended to construe the existence of a partnership, joint venture, or agency relationship between Client and YourPrezi.
Termination at Will. Client may terminate the Agreement at any time by giving YourPrezi fifteen (15) days written notice of termination; work performed prior to YourPrezi's receipt of notice of termination shall be paid for as follows: the payment will be equal to the actual number of hours worked times the then current designer hourly rate. In case of termination at will hereunder, absent any breach by Client hereunder, YourPrezi agrees not to have any claims whatsoever with respect to the termination against the Client and not to dispute the termination notice.
Termination for Breach. Each party will have the right to terminate the Agreement or any Statement of Work hereunder if the other party breaches any material term of the Agreement or Statement of Work, including but not limited to nonpayment, and fails to cure such breach within thirty (30) days after written notice thereof.
Client acknowledges that soliciting and hiring YourPrezi’s employees possessing YourPrezi product technical skills may have a material adverse effect on the parties’ on-going relationship. For a period of five (5) years from the Effective Date of the Agrement and so long as Client is receiving Services from YourPrezi and 3 years thereafter, Client will not directly or indirectly recruit, solicit, and subsequently hire any such YourPrezi employee(s) or ex-employee(s) who has worked on YourPrezi-related work within a prior twelve (12) month period.
In the event Client nevertheless recruits, solicits and subsequently hires such a YourPrezi employee or ex-employee without YourPrezi’s prior and authorized written consent and places them on YourPrezi related work, as YourPrezi’s sole remedy, Client agrees to immediately pay YourPrezi’s liquidated damages in the amount of four times (4x) the amount of the subject employee’s then current or last annual gross total YourPrezi cash compensation, (including any incentive cash compensation).
These payment amounts are not designed to be a penalty, rather since the actual financial damage that YourPrezi is likely to suffer is difficult to ascertain with accuracy, this amount is determined to reasonable value the out of pocket costs likely to be incurred by YourPrezi (such as external and internal recruiting costs/fees) as well as the training costs and timing costs associated with YourPrezi having to secure, train, educate a replacement for the person hired by Client in violation of this section. This section is not intended to prevent the YourPrezi person from engaging in professional work, rather it it is intended to create a reasonable financial disincentive for Client not to hire our talent from us without obtaining YourPrezi’s prior written consent, which may be withheld in our reasonable discretion. In the event of any action required to enforce the terms of this section, including recovery of the liquidated damages, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs.
You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
This Agreement shall be governed by the laws of Hungary and the parties submit to the exclusive jurisdiction of the Courts of the Republic of Hungary. Any proceeding shall be commenced in the Budapesti Központi Kerületi Bíróság.
SECTION 4 - AFFILIATES
YourPrezi affiliate program is free and enables members to earn revenue by routing clients (the origin of the clients should be testified through the promo code we provide to our registered affiliates) or placing a link or links on their web site which advertises our Services or specific products on it (for our products and services sold through our online shop). Any sales made to customers who have a) used the promo code b) clicked on those links will earn the affiliate commission. The standard commission rate is currently 5%.
SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 - PRODUCTS OR SERVICES
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We reserve the right to refuse service to anyone for any reason at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall YourPrezi Kft., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent of (a) the total amount you have ever paid to YourPrezi Kft. for the affected service or product or (b) permitted by law whichever is the higher amount.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless YourPrezi Kft. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hungary.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.