In accordance with the provisions of the founding act of the company "B2BEE DOO BELGRADE-ZVEZDARA", Veljka Dugoševića 54, Belgrade, Serbia, registration number 21384399, the Assembly of the company adopts GENERAL TERMS AND CONDITIONS OF BUSINESS AND USE OF SERVICES OF THE COMPANY B2BEE D.O.O.
The concept and subject of regulation of the General Terms and Conditions of Business and Use
The General Terms and Conditions of Business and Use of Services of B2BEE d.o.o. (hereinafter: General Terms) regulates the conditions under which B2BEE d.o.o. Belgrade (hereinafter: B2BEE) grants the right to commercial use of the Internet ('cloud') computer program within its B2BEE software platform (hereinafter: B2BEE Platforms), as well as other mutual rights and obligations between B2BEE and users of B2BEE Platform services.
CONTENTS OF THE GENERAL TERMS:
B2BEE Platform - is a hardware and software infrastructure maintained by B2BEE DOO, which provides services for renting and using Internet applications according to the model "software as a service".
Software as a service - a software distribution model in which the service provider hosts applications for the User and makes them available to these Users, as well as their end users, via the Internet.
Hosted Services - means the services within the B2BEE Platform described in the Specification of Hosted Services, which may be commercially referred to as service packages, which will be made available to the User on the Internet in accordance with this Agreement.
Cloud Services - means the hardware and software infrastructure for cloud computing for the User, software, data and software Platform hosted, managed and made available by the B2BEE to the User or the User's end users via the Internet.
User - is an economic entity that, in accordance with and on the basis of the concluded Agreement, uses selected hosted services of the B2BEE Platform for business purposes.
User account - allows control of data access and records of the User's work in the application. Each user has their own user account through which they access the selected hosted service, which is protected by a password.
User Registration - is the procedure of User registration in the B2BEE database, by the administrator, as well as the generation of a User Account with which the User accesses the selected hosted services.
User Staff - is any natural person who is a direct user of the B2BEE Platform, in the name and on behalf of the User, and in accordance with the agreement on the use of software hosted services and the provisions of the General Terms and Conditions previously accepted. The user is directly responsible for every action and / or inaction of his staff.
Confidential Information of the User - means any information provided by the User (orally, in writing or in any other way) to B2BEE DOO during the term of this Agreement, which at the time of delivery is marked as confidential or is assumed to be confidential.
User data - means all data, works and materials submitted by B2BEE DOO by the user and used for processing and posting on the Platform, which are postavljeni na Platformu od strane Korisnika i generisani na Platformi kao rezultat upotrebe zakupljenih hostovanih usluga od strane Korisnika.
Price list - is the content on the website of B2BEE DOO which regulates the approximate amount of the price of using the service of selected hosted services.
B2BEE Platform Service - is a set of all B2BEE LLC services that in terms of Article 5 of the General Terms and Conditions provide to the User, in accordance with the provisions of this Agreement and the General Terms and Conditions, in connection with the use of B2BEE Platform.
Customer Support - is a service that is available to every User in case of doubt or additional question regarding the use and operation of the B2BEE Platform. The provision of this service by B2BEE is governed by the provisions of the Agreement and may be charged separately.
Maintenance - is a service that includes improving the B2BEE Platform, debugging and updating it.
B2BEE business network - represents the total number of all B2BEE Platform Users.
Affiliated systems - are computer programs, products and / or services of other manufacturers, as well as other websites that are in any way connected and harmonized with the functioning of the B2BEE Platform and selected hosted services.
Purpose of the General Terms and Conditions
These General Terms and Conditions are an integral part of the Agreement on the Use of B2BEE Platform Services.
By accepting the General Terms and Conditions and concluding the Agreement, the User acquires the right to use the hosted services of the B2BEE Platform, and by registering by the administrator after that, the technical and actual conditions for using the hosted services of the B2BEE Platform are met.
The provisions of the General Terms and Conditions apply to the User of the hosted services of the B2BEE Platform and its staff, unless it is clear from the context or the nature of the matter that these provisions apply only to one of these entities.
The term B2BEE Platform
The B2BEE Platform consists of computer programs that are copyrighted works, their processing and finishing intended to facilitate and improve the business of economic entities, which B2BEE produces (develops) within its registered business to assign the right to their commercial use in the market and which are the exclusive intellectual property of B2BEE .
Assignment of the right to use the hosted services of the B2BEE Platform
The subject of the contract is the provision of the B2BEE Platform service, which may consist of:
The hosted B2BEE Platform service is considered provided after:
B2BEE undertakes to enable the use of the B2BEE Platform service referred to in Article 5 of these General Terms and Conditions immediately after the activation of the hosted services.
By accepting these General Terms and Conditions, the User agrees to B2BEE to use the User's business data for the purpose of fulfilling his contractual obligation, and B2BEE undertakes to use all business data made available to him by the User exclusively for the purpose of fulfilling his contractual obligation, with strict secrecy and confidentiality the same.
The use of the hosted services of the B2BEE Platform starts on the first day after the delivery of the access parameters to the User.
B2BEE will issue an invoice for the services provided, which can also be in electronic form. The amount of the invoice is increased by the amount of VAT and other related duties. The user is obliged to pay the amount on the invoice by the due date indicated on the invoice.
The User undertakes to pay all other invoices issued to him by B2BEE, if additional services have been performed that are not covered by the fee for the use of hosted B2BEE Platform services.
B2BEE reserves the right to unilaterally change the prices and thus affect the amount of the monthly fee, the payment of which is the basic obligation of the User under this Agreement, by changing the price list, with timely notification of the User.
B2BEE is obliged to notify the User in writing at least 30 days before the entry into force of price changes.
In this case, the User has the right to terminate the Agreement by sending B2BEE a written notice of termination of the Agreement within 8 days from the date of receipt of the notice of price change. The contract is considered terminated within 30 days from the date of receipt of the written notice of termination (termination period). During the termination period, B2BEE has the obligation to provide services in all respects in accordance with this Agreement, and the User has the obligation to pay for the use of the service in accordance with the Price List in force at the time of notice of termination.
B2BEE guarantees the functional usability of the hosted services to the User, as well as that there are no burdens or rights of third parties on it.
B2BEE undertakes to provide the User with all necessary information and instructions for the proper use of hosted services.
Unless otherwise defined in the Agreement:
- the user is obliged to make a payment for each billing period of using the service that is the subject of the Agreement, no later than the 5th of the month for the current month. B2BEE may, upon the expiration of the billing period, issue an additional invoice to the User, consisting of a fee for additional resources and additional services performed during the billing period.
If the User misses the deadline referred to in paragraph 1 of this Article, B2BEE has the right to temporarily suspend the provision of the service. If the User does not settle his obligations in full within 30 days from the date of expiration of the payment deadline, B2BEE may permanently suspend the provision of services to the User.
In case of late payment, B2BEE reserves the right to charge the statutory interest.
If the delay in the activation and configuration of the leased hosted service is due to non-fulfillment of the Client's obligations, B2BEE DOO may start collecting the monthly fee within 8 days from the date of expiration of the activation and configuration specified in the Offer.
The user agrees that his logo and / or B2BEE trademark may be used exclusively for the purpose of promoting cooperation between the contracting parties, at the relevant
social networks and on the official B2BEE website. On that website, the user's logo and trademark will be displayed in the 'references' section.
The User undertakes to use the B2BEE Platform, within the services of the B2BEE Platform, in the agreed manner and in accordance with the General Terms and Conditions.
The user undertakes to refrain from:
-removal or modification of the intellectual property rights notice contained in the B2BEE Platform,
- taking any other action that may result in confusion with a third party about the person claiming intellectual property rights on the B2BEE Platform,
- undertaking any interventions aimed at deconstructing applications, in order to discover technological principles through thorough analysis of their construction, function and mode of operation ("reverse engineering"), and whose undertaking is contrary to positive regulations in the Republic of Serbia.
- unauthorized reproduction,
- shutting down or canceling services that are critical for the proper functioning of the B2BEE Platform.
The user is responsible for unauthorized installation, duplication, use, access or distribution for all services whose use is enabled through the B2BEE Platform.
Unless otherwise provided by the Agreement itself, the duration of the Agreement between B2BEE and the User is indefinite. Both contracting parties have the right to terminate the contract with a notice period of 30 days, with the obligation to notify the other contracting party in writing of the termination of the contract in the manner and form provided by these General Terms.
B2BEE Intellectual Property Rights with respect to the B2BEE Platform
B2BEE is the holder of all exclusive property rights on the B2BEE Platform, on the copyrighted works and on other intellectual property of B2BEE. In terms of the law governing copyright, B2BEE has the exclusive intellectual property right to the source code of the B2BEE Platform, as well as to all its further, modifications, additions and changes.
The User acquires the right only to use, and in no case to become the holder of protected rights referred to in paragraph 1 of this Article, nor the establishment of a contractual relationship with B2BEE may result in the transfer of any part of these rights to the User.
Any unauthorized use, copying or any other type of misuse of the B2BEE Platform is an offense punishable by law and a special legal basis for claiming damages by B2BEE, based on the infringement of intellectual property rights.
Security and data protection
B2BEE is committed to protecting the data that the User makes available to him. Special measures have been taken to ensure protected data, as well as to enable all stakeholders to have transparency in the collection, processing and use of such data. This chapter is specifically covered in the legal documentation on the B2BEE website (www.b2bee.rs), on a separate page, entitled: "Security and data protection".
Technical conditions for successful and correct use of the B2BEE Platform
Each user is obliged to meet the technical and actual conditions necessary for efficient and safe use of the B2BEE Platform. The basic technical conditions for use are as follows:
The User undertakes to, within 3 days from the day of signing the Agreement, ie accepting the Offer, appoint a responsible contact person with certain professional knowledge, which refers to working on a computer and good knowledge of the functioning of similar software solutions and access to the documentation that B2BEE provides for its software solutions.
B2BEE has no obligation in terms of providing the technical and actual conditions stated in the previous paragraph and does not assume any responsibility for their fulfillment.
The obligation and responsibility for fulfilling the technical and actual conditions is borne exclusively by the User.
In the event that the User does not meet the requirements of the second paragraph of this article, B2BEE cannot guarantee the possibility of proper functioning of the B2BEE Platform.
Compliance of the B2BEE Platform with third-party software
The functioning of the B2BEE Platform may involve connecting to and synchronizing with Connected Systems. The connected systems are not under the control of B2BEE and B2BEE does not take any responsibility for their operation.
All changes resulting from changes in the Related Systems fall within the domain of responsibility of the manufacturer or service provider of the Related Systems. In the event that changes to the Connected Systems or a problem in their delivery are such that the connection between the Connected Systems and the B2BEE Platform no longer functions or malfunctions, B2BEE shall not bear any kind of liability.
If the connection and harmonization of the B2BEE Platform with the Connected Systems, which are not offered in the services, is a special wish or need of the user, such a request is one of the additional adjustments of the B2BEE Platform and is regulated by a special Annex to the existing contract.
The user is obliged to provide conditions for successful synchronization with connected systems, optimal computer resources for working with connected systems, constant and stable connection to the Internet, if necessary, updating to the latest versions of connected systems, latest versions of web services, static IP address and others. necessary conditions.
The user is obliged to notify B2bee at least two working days in advance if he will take or plans to take certain actions that may affect the operation of connected systems, including updates, as well as any other hardware and software changes.
If the user does not act in accordance with the provisions specified in paragraph 1 of this Article, B2BEE shall not be liable for any damage caused to the user by the use of software services provided by B2BEE.
B2BEE has no right or obligation to change, verify or supplement the content within the Linked Systems in any way. The fact that B2BEE may provide some form of connection to the Connected Systems does not necessarily mean that it guarantees, authorizes or assumes responsibility for the safe and proper functioning of the Connected Systems. B2BEE shall not be liable, directly or indirectly, for any damage caused by any use or connection with the content, software, product and / or service of the Related Systems.
Maintenance and customer support
The User has the right to maintain the B2BEE Platform, as well as customer support provided by B2BEE, in connection with the use of the B2BEE Platform, using currently available support channels.
The user has the right to technical support in case there is a possible problem in the functioning of the service, as well as the right to support in terms of providing additional explanation for every other aspect of using the service. The right to receive customer support is not conditioned by a specific deadline. B2BEE will endeavor to provide adequate support within a reasonable time from the moment of sending the request for support by the Beneficiary. The rules and conditions of using customer support are specified and further explained on the website https://www.b2bee.rs/support/
Exclusion of liability from B2BEE
Users agree that the B2BEE Platform, the services available through the B2BEE Platform, as well as the Related Systems will use it at their own risk.
The user approaches the use of the B2BEE Platform as a copyrighted work, keeping in mind all its known properties and the possible possibility that it contains hidden flaws.
B2BEE is not liable for any damage that may occur as a result of use, or in connection with the use of the B2BEE Platform, or for damage resulting from hidden shortcomings of the B2BEE Platform.
B2BEE's liability for loss of purpose, established non-functioning or improper functioning of the B2BEE Platform is limited to one monthly subscription for the use of B2BEE Platform services, which is paid for the month in which the B2BEE Platform did not function or did not function properly.
Only if the defect in the operation of the B2BEE Platform was such that the User was completely unable to use its main functionalities, only in that case the User acquires the right to a refund from the previous paragraph, and up to the amount of one monthly subscription in the exact amount that depends on how many days the deficiency in work stated in paragraph 2 of this Article lasted.
B2BEE DOO is not liable for any damage that may occur as a result of use, or in connection with the use of selected hosted services, which could not prevent, eliminate or avoid the occurrence of circumstances that led to the damage.
B2BEE DOO undertakes that in case of existence of hidden deficiencies in the work of B2BEE Platform and provision of selected hosted services, ie operation of selected applications by the User, it will be removed at its own expense, no later than 3 days from the day of notification of hidden deficiencies by the User.
B2BEE DOO shall not be liable for damages incurred in connection with uploaded data and content published through selected hosted services or Related Systems, even if the stated content is a consequence of third party actions related to inappropriate or illegal behavior of other users and third parties.
B2BEE DOO is not responsible for the accuracy, completeness and usefulness of the published content through selected hosted services, because B2BEE DOO services are provided on the basis of data for the quality and reliability of which the company cannot guarantee.
B2BEE DOO is not responsible for the reduction of the User's property (ordinary damage), nor for the prevention of the increase of the User's property (lost benefit) that may be caused to the User by using the B2BEE Platform and selected hosted services.
B2BEE DOO does not guarantee that the selected hosted services will work uninterruptedly, without errors, viruses or other harmful components resulting from inadequate use of the service by the User.
B2BEE DOO is not responsible for the use of selected hosted services and Connected Systems contrary to legal regulations or with misinterpretation of legal regulations by the User, as well as for malfunction of devices and / or operating system and other software with which the User uses selected hosted services.
B2BEE DOO is not responsible for delays in fulfilling its obligations, ie termination in the work-functioning of selected hosted services that are the result of force majeure events.
Force majeure means all circumstances that B2BEE DOO cannot objectively influence.
The User agrees not to consider B2BEE, as well as all persons engaged in any form with B2BEE or in connection with that company, responsible for any damage, legal proceedings or proceedings initiated, which is directly or indirectly related to using the B2BEE Platform.
Any content deemed inappropriate, inconsistent with the purpose of using the B2BEE Platform and / or inconsistent with the provisions of the General Terms and Conditions, B2BEE may at any time, in its sole discretion, remove or modify without special notice or explanation, as well as cancel the credentials and user accounts of the user.
B2BEE is not responsible for the accuracy, completeness and usefulness of the content published in the B2BEE Platform, because B2BEE services are provided on the basis of data for the quality of which the company cannot guarantee. In this sense, the responsibility for the quality of data on the basis of which the B2BEE Platform generates and publishes content is fully assumed by the User.
All provisions on liability provided by these General Terms and Conditions also apply to damage caused by any error, deletion, interruption, computer virus, malfunction, tort, termination of contract, destruction or unauthorized access, alteration or misuse of data, inappropriate behavior, negligence or any by a similar action.
B2BEE is not responsible for the use of the B2BEE Platform and Related Systems contrary to legal regulations or with misinterpretation of legal regulations by the User, as well as for malfunction of devices and / or operating system and other software using the B2BEE Platform.
Circumstances that do not depend on the will of the contracting parties, which even a careful party could not foresee, avoid, or eliminate the consequences of such circumstances, will be considered as cases in which the parties are released from liability if they occur after giving express consent to the provisions of the General Terms and Conditions and concluding the Agreement, which prevent its full or partial execution.
Such cases are considered natural disasters, measures of the competent authorities and other unforeseen circumstances. A Contracting Party which invokes one of these circumstances referred to in the preceding paragraph shall without delay inform the other Party of its occurrence. The burden of proving force majeure and its duration, which prevent the performance of the contract, is on the contracting party who claims that such circumstances have arisen.
Illegal purposes of using the B2BEE Platform
The assigned right to use the B2BEE Service Platform may be used only by the User who has accepted the provisions of the General Terms and Conditions and the Act on Data Security and Protection. He is expressly prohibited from further transfer of these rights to a third party. The user is disabled and prohibited from any unauthorized modification and duplication of the B2BEE Platform.
The User undertakes to use the services of the B2BEE Platform exclusively for business purposes and only for his own use, ie the use of his staff, in order to improve business.
The Contracting Parties undertake not to use the B2BEE Platform contrary to legal regulations as well as contrary to the purpose, purpose of the provisions of the General Terms and Conditions and their common intentions.
The User undertakes not to prevent or in any other way interfere with other Users, members of the B2BEE business network, in using the services of the B2BEE Platform and not to use and dispose of the content of the B2BEE Platform.
The User undertakes not to take indecent or offensive actions when using the B2BEE Platform, as well as to respect all copyright and other intellectual property rights of B2BEE and third parties.
It is expressly forbidden to expose the B2BEE Platform system to malicious computer programs, ie all other programs that may harm the functioning of the B2BEE system in any way, as well as to take any other actions that would consequently disable or disrupt the operation of B2BEE systems and indirectly adversely affect the operation of Connected Systems.
The user must not create or use a false identity or provide inaccurate information, as well as in any other way mislead B2BEE.
Publication, modification and validity of the General Terms and Conditions
The General Terms and Conditions are published on the B2BEE website (www.b2bee.rs) and enter into force on the eighth day from the day of publication on that website.
The General Terms and Conditions apply to Contracts concluded with Users.
An integral part of these General Terms and Conditions are:
Annex 1 - SLA Rules
Annex 2 - Acceptable Use Policy.
By signing the Agreement, ie. by accepting the Offer sent in electronic form, the User confirms that he is familiar with the General Terms and Conditions and that he accepts them in full.
B2BEE makes these general conditions available to the User in writing at the address of the Company's headquarters, as well as by publishing them on the website https://www.b2bee.rs/terms-of-service/.
Violation of the provisions of the General Terms and Conditions and termination of the Agreement
Either party may terminate the Agreement at any time, without special explanation, but with the obligation to send a written notice of termination of the contract, using a notice period of 30 days.
The written notice from the previous paragraph means the notification by registered mail or by e-mail.
In case of termination of the Agreement, the User is obliged to pay all due debts, ending with the day of termination of services by B2BEE.
In the event that the User does not settle its contractual obligations to B2BEE in a timely manner or does not comply with any of these provisions of the General Terms, B2BEE has the right to block the use of B2BEE Platform until the User settles all its obligations to him or eliminates the reasons disabled use of services. Blocking the B2BEE Platform service means disabling the use of the software functionality within the B2BEE Platform and related services.
In case of cancellation of the Agreement by the User when the services are paid in advance, the User has the right to a refund of funds paid for unused months, provided that half of the lease period is completed. In that case, the User is obliged to pay the difference between the full price and the discounted price. Breach of the Agreement by the User suspends the right of the User to a refund under this paragraph.
The provisions of these General Terms and Conditions are interpreted as follows. The disputed provisions are interpreted in accordance with the principles of the law of obligations.
The nullity of an individual provision does not entail the nullity of other provisions of the General Terms and Conditions. In the event that any of the provisions is null and void, it will not affect other provisions and the General Terms and Conditions will remain in force, and the null and void provision will, if necessary, be replaced by another provision that best suits the meaning of the General Terms and Conditions.
B2bee and the User agree that all possible disputes arising in connection with the performance of the contract shall be resolved amicably. In case of impossibility of agreementresolving disputes, all legal disputes that may arise, and in connection with the use of the B2BEE Platform and / or violation of the provisions of the General Terms by the parties, the jurisdiction of the competent court in Belgrade is agreed.
B2BEE reserves the right, in accordance with its business policy or changes in positive legal regulations, to make changes to the General Terms and Conditions as well as to change the offer of its services, of which it notifies Users in the usual way.
The provisions of the applicable regulations governing the subject matter shall apply to all matters not explicitly regulated by the General Terms and Conditions.
The General Terms and Conditions enter into force on the day of publication on the website https://www.b2bee.net/terms-of-service/.
This SLA further regulates the relationship of B2BEE LLC with users of hosted services.
B2BEE LLC guarantees that its hosting services will be available 99.5% of the time in a calendar month ("Monthly Availability Guarantee"), excluding maintenance and disclaimers. You have the right to request a reduction in the monthly service interruption fee if B2BEE DOO fails to meet the monthly availability guarantee, provided that the total service interruption longer than 0.5% in a calendar month is verified by B2BEE DOO.
“Service Interruption” is defined as the inability to access hosted services caused by the failure of network equipment managed, owned, rented or used by B2BEE LLC to provide the service, including network, server and storage infrastructure failures, but excluding maintenance and shutdowns.
The monthly availability guarantee does not include the time required to restore and back up data, if applicable.
If availability happens to be less than 99.5%, except in the case of announced and planned and unannounced and unplanned problems in the functioning of engaged resources and announced maintenance deadlines, B2BEE DOO will investigate the causes and ask for your help during such investigation. If the result of the B2BEE DOO investigation indicates that the cause of unavailability is a B2BEE DOO error, B2BEE DOO will grant a reduction in the fee for hosted services that were unavailable, up to a maximum monthly subscription amounting to the exact number of hours or days in progress.
"Maintenance" means and includes:
The user is not entitled to any reduction of the fee if the service is interrupted due to the following exceptions:
B2BEE DOO is in no way responsible for the loss of data contained on the platform, including but not limited to cases caused by hardware failure, unless B2BEE LLC has guaranteed to take care of data backups in accordance with the Agreement.
In cases of force majeure, breakdowns within the data center (fire, flood, energy, air conditioning) or breakdowns on the storage system, B2BEE DOO is not responsible for the unavailability of services.
The increase in server resources can be:
In both cases, the increase in server resources may be charged according to the price list in accordance with the provisions of the contract concluded by B2BEE DOO and the User, concerning the price for providing services to the User by B2BEE DOO.
This Acceptable Use Policy (“the Policy”) governs the use of all products and services (together, “the Services”) provided by B2BEE doo Belgrade (“the B2BEE”).
This Policy applies to all B2BEE service users, including their employees, agents, subcontractors and other users (hereinafter “users” or “user staff”).
BY CONCLUDING THE AGREEMENT AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS POLICY AND ACCEPT THAT YOU ARE OBLIGATED TO ALL THE CONDITIONS STATED IN THIS POLICY.
Service users must not encourage, promote or participate in abuses and illegal or irresponsible behavior by their actions, nor may they use the services in connection with any disruptive activity or abuse. In particular, the following illicit activities are inherent in the activity which is the subject of the contract (so-called prohibited conduct):
The use of the platform / user presentation must not be illegal or contrary to domestic regulations. In particular, without limiting the general application of this provision, users may not use the platform / presentation to:
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