Terms of use

TERMS OF USE

Definitions used in the terms:

Card– the card of the digital controlling device (a digital tachograph) for recording working hours and resting time of the driver (the digital tachograph card of a company or the digital tachograph card of a driver);

Account – user’s account at Company’s site on the Internet where the Service is made available to the User;

User– a legal entity (the owner of the digital tachograph card of a company) or a private person (the owner of the digital tachograph card of a driver), who has concluded Agreement with the Company about provision of the Service;

Agreement– these terms of use, which constitute an agreement between the Company and User;

Service– the remote upload and processing of information, stored on Card, and other services offered by the Company;

Company – Ametikoolitus OÜ, Aida 5-205, Pärnu 80010, Estonia.

1. Subject of Agreement

1.1. The Company in accordance with the terms of Agreement provides Service to the User for a fee. Service is available on the Internet and are related to collection, processing, storage, analysis of the User’s Card data and preparation of reports based on it.

1.2. Before beginning to use Service, the User is required to register on the Company’s website where Account is created. User must provide his data during registration. The account is protected by a username and password, which User is prohibited to disclose to third parties.

1.3. In his Account User may upload his Card data in the format determined by Company and receive respective reports about the data stored on Card and uploaded to the system.

2. Payment Procedure

2.1. The fee for Service is indicated on the Company’s website. User shall pay for Service using one of the cashless payment options provided on the website.

2.2. If the User is the owner of driver’s digital tachograph card, the User shall make an advance payment for at least 30 calendar days. Upon payment the User will be able to perform upload and receive a report. If the User is an owner of a digital tachograph card of a company, the User shall pay for Service on delivery, and the payment shall be calculated for each calendar month based on the number of private persons (drivers) in the respective calendar month, whose data has been uploaded in relation to the User.

2.3. If the User has registered his payment card with Account, the Company is entitled to withdraw the fee from the payment card in the amount of the payment the User is due to the Company.

2.4. In case of payment on delivery Company shall send an electronically prepared invoice to the email address indicated by the User. An electronically prepared invoice (without signature) is sufficient to make a payment. The User shall pay according to invoice in course of 10 days after the day of the dispatch of the invoice at the latest.

2.5. Service fee is indicated on the website and Company shall have the right to change the Service fee without any previous notice. Changes shall take effect from the moment of posting to the website.

2.6. All payments shall be considered accomplished from the moment of their receipt by the Company in its current account with a credit institution.

2.7. If the User fails to pay the Service fee within the set term and in the indicated amount, the Company shall be entitled to suspend provision of the Service to the User unilaterally and without any notice, including blocking User’s Account.

2.8. If the User fails to pay the Service fee within the set term and in the indicated amount, a penalty equal to 0,1% of the total fee invoiced should be paid to the Company for each day after the due date until the moment all obligations are fulfilled. The payment of the penalty doesn’t relieve the User from fulfilling his/her legal obligations.

3. Obligations of the Parties

3.1. The Company shall have the right to revise, change, improve suspend for a short time the Service, Account, or website.

3.2. The User has been informed and agrees that all actions performed on the website using the username and password assigned to him, are binding to the User and shall be performed by the User.

3.3. The Service is provided for information purposes, therefore the Company shall bear no responsibility for any possible losses of any kind that have been or may be incurred as a result of provided Service, including any possible inaccuracies or errors.

3.4. The Service includes technical solutions, and as a result instances may occur when availability of Service could be interrupted.

3.5. The User based on the Agreement is hereby granted a non-exclusive and revocable licence to use the software. User and any other persons are prohibited from using the software in any other manner, except as provided in the Agreement without the Company’s written consent.

3.6. The Company is entitled to limit the time of storage of User’s data in the Company’s system unilaterally.

3.7. All intellectual property rights (including, but not limited to copyright, design, trademarks etc.) with regard to the Service, software, Company’s website and information provided on it, are owned solely by the Company. In case of infringement on these rights the guilty party may be held accountable according to provisions of legislation and shall bear full responsibility for all losses that have been incurred or may be incurred by the Company and/or third parties. User’s data contained in the Account belongs to the User.

3.8. If the User has any objections to the quality of the Service, respective application must be submitted to the Company, containing identification information of the User along with information about the basis for such application. The application shall be sent to the Company’s legal address, or electronically to the email address tacho@autosert.ee.

3.9. The Company provides documentation related to the processing and protection of Personal Data (for instance, Privacy Policy, Data Processing Agreement etc.) on its website.

4. Final Provisions

4.1. The Company shall be entitled to change and/or amend the Agreement unilaterally at any time.

4.2. The Company and User shall each have the right to terminate the Agreement unilaterally with 30 days prior notice to the other party. If the User fails to perform or performs his obligations to Company in an undue manner, the Company shall have the right to terminate the Agreement unilaterally with 5 days prior notice. The User shall perform all his payment obligations to the Company on the day of termination of the Agreement at the latest.

4.3. The Company shall have the right to transfer the Agreement and/or obligations arising from it unilaterally and at its discretion to any third party.

4.4. Application for the Service or its use shall be construed as User’s agreement to these terms (Agreement). If the User is the owner of the digital tachograph card of a company, the person who approves the Agreement confirms that he/she is fully entitled to accept obligations set forth in the Agreement in the name of the company.

4.5. Any dispute or claim arising from or related to the Agreement (including extra-contractual disputes or claims) shall be resolved in a court of the Republic of Estonia, according to the legislation of Republic of Estonia.