GENERAL TERMS AND CONDITIONS
1. INTRODUCTORY PROVISIONS
1.1. Details and contact information of HeatVentors Hőenergiatároló Kft.
Company name: HeatVentors Hőenergiatároló Kft.
Registered office: 5400 Mezőtúr, Táncsics Mihály utca 15.
Branch office: 1134 Budapest, Rózsafa utca 13-17.
Postal address for complaints sent by letter: 1134 Budapest, Rózsafa utca 13-17.
Company registration number: 16-09-017504
Registering court: Szolnok Court of Justice Company Registry
Tax number: 26106948-2-16
Statistical number: 26106948-4778-113-16
Account number: HUF: HU28 1040 4027 5052 6989 6753 1008
EUR: HU33 1040 4027 5052 6989 6753 1015
Represented by: József Kakas, managing director
Telephone +36 20 822 7134
Email jozsef.kakas@heatventors.com
Website https://www.heatventors.com/
Hosting provider details: RackForest Kft., https://rackforest.com
1.2. These General Terms and Conditions (hereinafter: GTC) define the general conditions for using the services of HeatVentors Hőenergiatároló Kft., the rights and obligations associated with the use of these services, and the general conditions for the provision of certain additional services.
1.3. The provisions of these GTC shall apply to all customers and investors (hereinafter referred to as the Buyer) who have entered into a contract with HeatVentors Hőenergiatároló Kft. investors (hereinafter referred to as the Buyer) who have concluded an individual business or commission contract with HeatVentors Hőenergiatároló Kft. for the sale or service specified in these GTC, or for certain ancillary services related thereto, or an individual contract considered equivalent to these (hereinafter: Individual Contract) with HeatVentors Hőenergiatároló Kft.
1.4. The current version of the GTC is available on the website https://www.heatventors.com/ at the following link: http://heatventors.com/aszf
1.5. HeatVentors Hőenergiatároló Kft. shall ensure that the text of the GTC is made available to potential Buyers wishing to conclude an Individual Contract with it prior to the conclusion of the Individual Contract. By concluding the Individual Contract, the Buyer also accepts the provisions of the GTC and acknowledges that the provisions of the GTC shall prevail in matters not specified in the Individual Contract. In the event of any conflict between the provisions of the Individual Contracts and the GTC, the provisions of the Individual Contract shall prevail over the provisions of the GTC. The Individual Contract and the GTC (and their annexes) together constitute the contract between HeatVentors Hőenergiatároló Kft. and the Buyer (hereinafter collectively referred to as the Parties).
1.6. Issues not regulated in these GTC and the interpretation of these GTC shall be governed by Hungarian law, with particular regard to the relevant provisions of Act V of 2013 on the Civil Code (Ptk.). The mandatory provisions of the relevant legislation shall apply to the Parties without any special stipulation.
1.7. These GTC shall remain in force from 29.05.2026. until revoked. HeatVentors Hőenergiatároló Kft. reserves the right to unilaterally amend any provision of these GTC by notifying Buyers in advance on its website.
1.8. HeatVentors Hőenergiatároló Kft. shall publish the amendments on its website at least 14 days before they take effect. After the amendment takes effect, the Buyer shall accept the provisions of the amended GTC by browsing the website, as by using the service. Orders placed prior to the amendment shall be governed by the GTC in force at the time of placement.
2. SUBJECT MATTER OF THE GTC
2.1. In connection with the sale of Intelligent Thermal Batteries and the related control system (hereinafter referred to as the Product) distributed by HeatVentors Hőenergiatároló Kft., the Company undertakes to perform the following activities in accordance with the specifications set out in the Individual Contract:
- delivery and commissioning of the Product to the place of performance, or
- delivery, installation and commissioning of the Product at the place of performance and/or
- annual maintenance of the Product, at the Buyer's discretion.
The provisions of these GTC shall apply to the above activities, unless otherwise agreed by the Contracting Parties.
2.2. The Product sold by HeatVentors Hőenergiatároló Kft. may be installed in both cooling and heating systems. Regardless of the purpose of the existing system, the provisions of these GTC shall apply to the activities specified in Section 2.1.
3. SUBJECT MATTER OF INDIVIDUAL CONTRACTS
3.1. The Individual Contract between the Parties specifies the Buyer's details, the subject matter and exact quantity of the contract, the value of the contract, and the exact place and time of performance.
3.2. The price specified for the Product in the Individual Contract includes all parts and accessories of the Product, as well as all costs, fees and expenses incurred by HeatVentors Hőenergiatároló Kft. in connection with the performance and charged to the Buyer in return.
3.3. HeatVentors Hőenergiatároló Kft. undertakes, depending on the nature of the Individual Contract, to deliver and commission the Product at the place of installation or to deliver, install and commission it at the place of installation specified in the Individual Contract at the place and time of performance specified therein.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. HeatVentors Hőenergiatároló Kft. undertakes to deliver the Product to the location specified in the Individual Contract, to commission it and, if required, to install it in accordance with the terms and conditions set out in the Individual Contract.
Liability for existing defects
4.2. HeatVentors Hőenergiatároló Kft. declares and the Buyer acknowledges that the Product can only be connected to a system that is suitable for operation. HeatVentors Hőenergiatároló Kft. prepared the hydraulic calculation and selected the fittings and equipment to be connected to the system based on the parameters previously received from the system provided by the Buyer, which are also recorded in the Implementation Guide (the parameters of the existing system), and shall not be liable for any errors resulting from any deviation from these parameters or for any damage caused to the Thermal Batteries or the basic heating or cooling system.
4.3. HeatVentors Hőenergiatároló Kft. shall also not be liable for any faults in the existing system and any damage caused by them, which may include, but are not limited to, the following:
- leaks,
- rusty pipe network,
- malfunctioning measuring devices,
- ventilation problems,
- faulty connections,
- clogged filters,
- grounding faults,
- control errors in the existing system,
- electrical network faults,
- power supply problems,
- Internet network and other communication instabilities,
- building management system errors,
- the generally inadequate condition of the existing system.
The work area
4.4. The Buyer shall make the place of performance available to HeatVentors Hőenergiatároló Kft. for the purpose of performing the work.
4.5. The Buyer shall hand over the work area in a condition suitable for work.
4.6. HeatVentors Hőenergiatároló Kft. shall inspect the work area before commencing work and notify the Buyer in writing of any deficiencies found. If HeatVentors Hőenergiatároló Kft. fails to notify the Buyer, it shall be deemed that HeatVentors Hőenergiatároló Kft. has accepted the work site for the performance of the work.
4.7. If the site is not suitable for the work, HeatVentors Hőenergiatároló Kft. may refuse to accept it.
4.8. A report shall be drawn up on the acceptance or refusal of the place of performance.
4.9. The Buyer acknowledges that it is the Buyer's responsibility to designate the physical location of the Product. HeatVentors Hőenergiatároló Kft. shall not be liable for any damage caused by the Product being placed in an unsuitable location. If a structural engineering opinion is required, the cost thereof shall be borne by the Buyer.
Project log
4.10. HeatVentors Hőenergiatároló Kft. and the Buyer are required to keep a project log in which all events are recorded, including, but not limited to:
- information provided at the time of handover: condition of the site (by HeatVentors Hőenergiatároló Kft.), designation of locations suitable for drilling (by the Buyer),
- problems and deficiencies discovered on site by HeatVentors Hőenergiatároló Kft., comments on the existing system,
- description of daily work processes,
- HeatVentors Hőenergiatároló Kft. and Buyer requirements, requests,
- determination and performance of additional work.
Performance of construction work
4.11. The Buyer shall provide HeatVentors Hőenergiatároló Kft. with the following free of charge for the performance of the Individual Contract:
- the exclusive work area
- ensures that the existing system complies with the applicable electrical safety and other occupational safety regulations, and ensures compliance with accident prevention and occupational safety regulations on its part
- use of washrooms
- the Buyer shall perform the tasks specified in the Construction Manual
- wired internet and power supply (according to the Construction Manual) for connecting the control system, space in the Buyer's control cabinet. If the Buyer is unable to provide wired internet, HeatVentors Hőenergiatároló Kft. will establish a GSM connection at the fee specified in the Individual Contract .
- on-site support in the form of a representative who can provide information about the specifics of the site
- access to data measured by consumption meters.
- HeatVentors Hőenergiatároló Kft. control cabinet (size according to the construction manual) location, its determination
- the possibility of working at night and on weekends
- The Buyer shall also ensure that when the Intelligent Thermal Battery is filled with phase change material and during trial operation, the base system operates for at least the period specified in the Individual Contract with the Basic Design Parameters specified in the Individual Contract . The dates of these shall be agreed in advance by the Parties and recorded in the Project Log.
4.12. If the installation is not carried out by HeatVentors Hőenergiatároló Kft., the Buyer shall ensure the fulfilment of the following free of charge and acknowledges the following:
- The Buyer undertakes to carry out the construction work in the manner specified in the Construction Manual. After completion of the construction work, the Buyer shall send the following documents to HeatVentors Hőenergiatároló Kft.:
- pressure test report
- contractor's declaration of conformity.
-If the actual connection or the installed equipment differs from that described in the Construction Manual and the deviation has not been approved by HeatVentors Hőenergiatároló Kft., HeatVentors Hőenergiatároló Kft. shall not be liable for the operation of the system or for any damage caused. The parties are obliged to record the deviation in the project log and minutes.
- If the installation undertaken by the Buyer is not complete or the tasks specified in the manuals have not been performed in full and HeatVentors Hőenergiatároló Kft. is unable to start commissioning upon arrival at the site due to the above, HeatVentors Hőenergiatároló Kft. shall be entitled to invoice the Buyer for the delivery fee specified in the Individual Contract. The Parties shall record this in the project log and minutes.
- HeatVentors Hőenergiatároló Kft. undertakes to install the control cabinet and commission the system.
BMS (Building Management System) connection
4.13. The Building Management System is a centralised, integrated control system that monitors, controls and optimises a building's mechanical, electrical and security subsystems. If the Buyer requests it and it is possible for the HeatVentors Hőenergiatároló Kft. system to connect to the Buyer's existing BMS system, HeatVentors Hőenergiatároló Kft. shall record the list of protocols it manages in the Implementation Guide. In the case of protocols other than these, or in more special cases requiring development, a predetermined additional work fee will be charged. The purchase price includes 5 working hours for connection to the BMS system, and any additional hours will be charged based on the fee specified in the Individual Contract .
EnergyReport
4.14. HeatVentors Hőenergiatároló Kft. shall prepare an EnergyReport on the energy savings achieved within 5 months of the end of the operating season, based on the Individual Contract. The EnergyReport is an optional service, the fee for which is determined annually in the Individual Contract. The Buyer accepts the values measured by the control system, sensors and meters installed by HeatVentors Hőenergiatároló Kft. as the basis for the EnergyReport.
4.15. The EnergyReport can only be prepared if the consumption data is available and if the Thermal Batteries are shut down on pre-agreed reference days so that the Parties can obtain measurement results for operation without the Thermal Batteries.
4.16. The Buyer agrees that the Thermal Batteries may be shut down once per month during the operating period in order to establish reference values.
HeatBoard service
4.17. HeatVentors Hőenergiatároló Kft. shall provide the Buyer with access to the monitoring interface (HeatBoard service), where the Buyer can monitor the temperature and consumption parameters measured by the Thermal Batteries.
4.18. The HeatBoard service is an optional service, the fee for which is included in the Individual Contract, for which amount the Buyer may subscribe to the service.
4.19. The Buyer can monitor the following information on the HeatBoard interface:
- Parameters of the installed Thermal Battery system
- measured temperature data shown in a diagram
- measured consumption data displayed in a diagram.
4.20. For the operation of the HeatBoard interface, the Buyer shall make the following available to HeatVentors Hőenergiatároló Kft.
- data measured by consumption meters.
Commissioning
4.21. The device may only be commissioned by HeatVentors Hőenergiatároló Kft.
4.22. In the event of additional work (e.g. problems arising in connection with the basic system), HeatVentors Hőenergiatároló Kft. shall prepare a budget out of turn and agree and approve it with the Buyer. The delivery deadline may be modified by the delivery and installation times specified in the quotation for any additional work.
4.23. HeatVentors Hőenergiatároló Kft. undertakes to perform the following deliveries at pre-agreed times after completion of the work:
- loading of phase change material, inspection of implementation, commissioning and testing of the system
- system handover, training
- if the installation is not carried out by HeatVentors Hőenergiatároló Kft., in which case it will coordinate with the contractor at the installation site at the start of installation.
All other visits that are not the fault of HeatVentors Hőenergiatároló Kft. will be invoiced at the prices specified in the Individual Contract.
These call-outs shall be recorded in the project log.
4.24. HeatVentors Hőenergiatároló Kft. provides free support for the operation of the Intelligent Thermal Battery by telephone three times a year for a maximum of one hour. After that, the fee for each hour started is the hourly rate specified in the Individual Contract.
4.25. HeatVentors Hőenergiatároló Kft. is entitled to use a subcontractor, who shall be responsible for the performance as if it had performed the service itself. The Buyer may not give instructions to the employees and subcontractors of HeatVentors Hőenergiatároló Kft.
4.26. HeatVentors Hőenergiatároló Kft. shall immediately notify the Buyer in writing of any circumstances that jeopardise or hinder the success of the project or its completion by the deadline. The Parties shall record this in the project log. HeatVentors Hőenergiatároló Kft. shall be liable for any damage resulting from failure to give such notice.
4.27. HeatVentors Hőenergiatároló Kft. shall be responsible for commissioning the Thermal battery in accordance with the relevant standards and regulations, repairing it under warranty/guarantee, and installing it if required. If installation is part of the Individual Contract, HeatVentors Hőenergiatároló Kft. shall provide a warranty for the installation for a period of 12 months from the date of delivery. The warranty for the Product is valid for 24 months from the date of signing the handover protocol. The warranty does not cover malfunctions resulting from improper use, neglected maintenance or damage caused by natural forces, as well as natural wear and tear during use.
Handover
4.28. HeatVentors Hőenergiatároló Kft. may deliver the parts of the Thermal Battery to the Buyer for safekeeping against a delivery note. From the date of delivery of the parts of the Thermal Battery for safekeeping, the risk of damage to the parts of the Thermal Battery shall be borne by the Buyer. If the packaging is damaged or the documents are incomplete, the Buyer shall be entitled to refuse delivery, which shall be recorded in a report by the Parties.
4.29. After commissioning, a handover report shall be drawn up.
4.30. If additional work is required on the part of the Buyer, this shall be agreed with HeatVentors Hőenergiatároló Kft., which shall make an offer for the performance of the additional work. If the Buyer accepts the quotation for the additional work, HeatVentors Hőenergiatároló Kft. shall be entitled to invoice the Buyer for the additional work after its completion.
Purchase price
4.31. The Buyer shall pay HeatVentors Hőenergiatároló Kft. the purchase price for the work performed by HeatVentors Hőenergiatároló Kft. in accordance with the contract, the amount of which, as well as the advance payment, partial invoices and final invoice, shall be agreed upon by the Parties in the Individual Contract.
5. OPERATING CONDITIONS
The following are necessary for the proper operation of the Product, and the following must be performed:
• The tasks and conditions described in the implementation guide must be fulfilled.
• elements other than the Product must operate as expected and in accordance with the documentation,
• the maximum pressure is 16 bar; the pressure in the system must not exceed this value,
• The product must be stored and operated in an environment between -20 °C and 100 °C, free from external physical influences.
• after commissioning, at ambient temperatures of 0 °C and below, the liquid or medium in the heat exchanger must be removed or filled with a frost-free material,
• continuous access to data measured by consumption meters and other meters related to the project must be ensured,
• the Thermal Battery must be able to be filled and drained,
• the basic system must operate in accordance with the basic design parameters specified in the Individual Contract
• the temperature step of the base system must continuously correspond to the temperature step specified in the Basic Design Parameters set out in the Individual Contract during operation
6. PAYMENT TERMS
6.13. The Buyer shall transfer the amount of the invoices to the account of HeatVentors Hőenergiatároló Kft. after signing the performance certificates, against an invoice issued by HeatVentors Hőenergiatároló Kft. that complies in all respects with the purchase price specified in the Individual Contract and the applicable laws. the purchase price specified in the Individual Contract and in full compliance with the applicable laws, to the bank account specified on the invoice issued by HeatVentors Hőenergiatároló Kft.
6.14. HeatVentors Hőenergiatároló Kft. shall issue the invoice electronically and send it to the e-mail address specified in the Individual Contract concluded between HeatVentors Hőenergiatároló Kft. and the Buyer.
6.15. In the event of late payment by the Buyer, HeatVentors Hőenergiatároló Kft. shall be entitled to charge the Buyer default interest at the rate prescribed by the Civil Code for transactions between business organisations. The Buyer's delay in payment shall be calculated from the date on which the payment would have become due if the Buyer had acted in accordance with the contract. HeatVentors Hőenergiatároló Kft. reserves the right to claim compensation for damages caused by late payment or non-payment.
6.16. If the work or handover of the system is delayed due to the Buyer's fault, HeatVentors Hőenergiatároló Kft. shall be entitled to charge default interest on the full purchase price. Delays caused by the Buyer shall not preclude HeatVentors Hőenergiatároló Kft. from issuing invoices related to the project.
7. TRANSFER OF OWNERSHIP, RISK OF DAMAGE, RIGHT OF USE
7.13. The various parts of the Product (Thermal Battery, phase change material, electronics) may be delivered separately, and their storage until installation is the responsibility of the Buyer.
7.14. The Buyer is obliged to ensure the following storage conditions in order to maintain the operational functionality of the various parts of the Product until installation:
• the Thermal Battery must be stored in an environment between 20 °C and 100 °C, free from external physical influences
• the phase change material must be stored in a heated place, at an ambient temperature above 20°C, free from external physical influences
7.15. Based on the handover report, the Buyer shall issue a certificate of performance on site to HeatVentors Hőenergiatároló Kft. If the handover process consists of several steps, several certificates of performance may be issued.
7.16. HeatVentors Hőenergiatároló Kft. retains ownership of the Product covered by these GTC until the Buyer has paid the full price of the system delivered in accordance with the contract. The invoiced Product becomes the property of the Buyer upon full payment of the invoice.
7.17. The retention of title shall not affect the provisions of these GTC regarding the bearing and transfer of risk.
8. WARRANTY , WARRANTY
8.13. HeatVentors Hőenergiatároló Kft. assumes product liability for the materials it has purchased and installed in accordance with the provisions of the applicable laws. HeatVentors Hőenergiatároló Kft. The operating conditions necessary for the proper use of the product provided are set out in Chapter 5. HeatVentors Hőenergiatároló Kft. shall not be liable for any defects resulting from improper use.
8.14. HeatVentors Hőenergiatároló Kft. provides a full warranty for the Product to be installed based on its dimensions for a period of 24 months from the date of signing the handover report, unless the law stipulates a longer period for the mandatory warranty.
8.15. The Buyer shall immediately notify HeatVentors Hőenergiatároló Kft. in writing of any problem that requires the intervention or cooperation of HeatVentors Hőenergiatároló Kft.
8.16. Fault reports can be made using the following contact details:
hibabejelentes@heatventors.com
+36 30 629 9007
The Parties agree that the technical dimensioning was based on the basic parameters specified in the Dimensioning Basic Parameters, which form an integral part of the Individual Contract, based on the data provided and approved by the Buyer. The Buyer declares that it has familiarised itself with these parameters, accepts their accuracy and acknowledges that they serve as the basis for the dimensioning of the system. HeatVentors Hőenergiatároló Kft. draws attention to the fact that if the Basic Design Parameters specified in the Individual Contract differ from reality or are subsequently changed, this may affect the operation of the system. If there is a change in the basic parameters specified during dimensioning, or if the underlying system is faulty, the Product will not be able to function properly. HeatVentors Hőenergiatároló Kft. shall not be liable for any faults or damage resulting from this, and no warranty claims may be enforced.
8.17. The Buyer agrees not to change the operating temperatures of the base system; otherwise, the Product will not function.
8.18. The device may only be installed by HeatVentors Hőenergiatároló Kft. Any intervention or repair carried out on the product may only be performed by an agent or employee of HeatVentors Hőenergiatároló Kft. Modifications to the device's integration into the system are only permitted after prior consultation with HeatVentors Hőenergiatároló Kft. and with their written permission. In the event of a malfunction, please leave the device in place and notify HeatVentors Hőenergiatároló Kft. immediately. In the event of a breach of these conditions, HeatVentors Hőenergiatároló Kft. shall not be liable for any faults or damage resulting therefrom, and no warranty claims may be enforced.
8.19. The warranty does not cover damage caused by natural disasters, external violence or breakage, malfunctions caused by improper operation, unauthorised intervention, failure to perform maintenance or natural wear and tear during use, or faults resulting from failure to comply with normal operating procedures.
8.20. HeatVentors Hőenergiatároló Kft. accepts no responsibility for existing faults and damage caused by faults, in particular, but not limited to: leaks, rusty pipe networks, non-functioning measuring devices, venting problems, faulty connections, clogged filters, grounding faults and the generally unsatisfactory condition of the existing system.
8.21. If the Buyer requests HeatVentors Hőenergiatároló Kft. to investigate a fault report and the investigation proves that the fault cannot be attributed to HeatVentors Hőenergiatároló Kft., HeatVentors Hőenergiatároló Kft. shall not be liable and shall be entitled to invoice the Buyer for the costs incurred during the investigation.
9. MAINTENANCE
9.13. Annual maintenance services for the Product shall be provided exclusively on the basis of a Maintenance Contract (hereinafter: Maintenance Contract) between HeatVentors Hőenergiatároló Kft. and the Buyer.
9.14. The annual maintenance service for the Product includes the following:
- Updating and testing the control software
- Checking the connections and condition of the Thermal Battery (cover, wheels, shut-off valves)
- Test operation
- Training.
Equipment covered by maintenance
9.15. Equipment covered by maintenance:
- HeatVentors Intelligent Thermal Battery,
- HeatVentors control cabinet,
Maintenance does not cover:
- valve actuators,
- valves,
- pumps,
- shut-off valves,
- or other components belonging to the system.
Training
9.16. There are two types of training:
- Annual operator training: one (1) session during maintenance, lasting a maximum of 2 hours;
- one (1) additional training session per year as required in the event of staff replacement.
Scope of the maintenance contract
9.17. The scope of the maintenance contract is specified in the Maintenance Contract.
Frequency of maintenance
9.18. Maintenance shall be performed once (1) a year, at a pre-agreed time.
9.19. Any work or repairs carried out on the product must be performed by a representative or employee of HeatVentors Hőenergiatároló Kft.
Maintenance fees and payment terms
9.20. The annual maintenance fee is specified in the maintenance contract.
9.21. The maintenance fee shall automatically increase each year in line with the average Producer Price Index (PPI) for the previous calendar year as published by Eurostat. If Eurostat does not publish such index, the Parties shall apply the official inflation index that most closely corresponds in substance thereto.
9.22. The maintenance fee for the given year shall be invoiced within 5 working days after the completion of the annual maintenance, but no later than 15 December of the year in question, with a 10-day payment deadline.
9.23. The annual fee includes the costs of travel (within a radius of 50 (fifty) km calculated from HeatVentors Hőenergiatároló Kft.’s site located at 1134 Budapest, Rózsafa utca 13., Hungary) and on-site work. However, it does not include the costs of defective parts, repair consumables or labor costs arising from defects outside the scope of warranty or liability, and/or resulting from improper operation or use not in accordance with the intended purpose. Such costs shall be charged separately based on material costs and labor hours.
9.24. If, in addition to 1 (day) of maintenance, the Buyer requests further work from HeatVentors Hőenergiatároló Kft., the fee for this shall be the fee specified in the Maintenance Contract.
9.25. If the Buyer does not allow the maintenance to be carried out, the annual maintenance fee will still be invoiced by 15 December at the latest.
Warranty
9.26. In the case of a maintenance contract, the provisions of Section 8 of the GTC shall apply.
10. FORCE MAJEURE
10.13. The Parties shall not be liable for any failure to fulfil their obligations if the cause is an unforeseeable, unavoidable external factor (in particular: natural disaster, fire, explosion, epidemic, strike, war, other armed conflict, act of terrorism, riot, etc.). The Parties shall immediately notify each other in writing of such dangers, events and their expected duration, unless prevented from doing so by the force majeure event. If performance is delayed for more than six months due to such unavoidable external causes, the Parties shall consult with each other in order to ensure performance.
10.14. A Party that is subject to a restrictive provision for reasons within its sphere of responsibility shall not be exempt from the legal consequences of breach of contract on this basis.
11. TERMINATION, CANCELLATION AND WITHDRAWAL FROM THE LEGAL RELATIONSHIP
Term of the contract
11.13. The legal relationship established between the Parties on the basis of these GTC shall be for a fixed term, as specified in the Individual Contract, and shall automatically terminate upon completion of performance. The legal relationship may not be terminated by ordinary termination, unless the Parties agree otherwise in the Individual Contract.
Termination with immediate effect
11.14. HeatVentors Hőenergiatároló Kft. shall be entitled to terminate the contract with immediate effect if the Buyer fails to fulfil its payment obligation within 15 (fifteen) days of receiving a written reminder to that effect, or if it breaches any material provision of these GTC.
11.15. Either Party shall be entitled to terminate the contract with immediate effect in writing if the other Party breaches any of its obligations arising from the legal relationship and fails to remedy the breach within 10 (ten) days of receiving a written notice from the other Party.
11.16. Either Party shall be entitled to terminate the contract with immediate effect in writing if bankruptcy, liquidation, other insolvency, winding-up or compulsory cancellation proceedings are initiated against the other Party.
11.17. In the event of immediate termination, the Parties shall remain liable for mutual settlement obligations, and HeatVentors Hőenergiatároló Kft. shall be entitled to remove the Intelligent Thermal Battery at any time. Until the date of removal, the Buyer shall be obliged to protect and preserve the Thermal Battery from any damage or deterioration. from any damage or deterioration.
Method and effect of termination
11.18. Termination shall only be valid in writing by registered mail with return receipt. The date of termination of the legal relationship shall be the date of receipt of the notice of termination or, in the event of unsuccessful delivery of the registered letter with return receipt, the date on which the notice of termination sent by registered letter with return receipt to the registered office of the terminated party was unsuccessful.
The Buyer's right of withdrawal in the case of delivery, installation and commissioning of the Product at the place of installation
11.19. The Buyer may exercise its right of withdrawal at any time until the commencement of performance, but shall be obliged to compensate HeatVentors Hőenergiatároló Kft. for any proven damage resulting from the termination, unless the withdrawal was due to the impossibility of performance attributable to HeatVentors Hőenergiatároló Kft. or a breach of contract by HeatVentors Hőenergiatároló Kft. (including preliminary breach of contract).
11.20. In the event of withdrawal, HeatVentors Hőenergiatároló Kft. shall be entitled to compensation for the work performed and the materials already ordered until the delivery of the statement, i.e. a proportionate part of the purchase price, and shall also be entitled to payment by the Buyer of an amount corresponding to 5% of the total purchase price specified in the Individual Contract. In addition, the Buyer shall be obliged to compensate HeatVentors Hőenergiatároló Kft. for all damages resulting from the withdrawal. Upon payment of the purchase price of the materials, ownership of the materials shall pass to the Buyer. The provisions of this clause shall not affect the Buyer's rights arising from HeatVentors Hőenergiatároló Kft.'s breach of contract, as set out in the law and in this contract.
12. LEGAL CONSEQUENCES
12.1. The termination of the contract shall not affect the Parties' mutual obligations regarding settlement, compensation or confidentiality, or any remaining claims set out in the GTC or in the law.
13. CONTACT, NOTIFICATIONS
13.1. The names of the representatives designated to make decisions at HeatVentors Hőenergiatároló Kft. and the Buyer are specified in the Individual Contract.
13.2. In the event of any changes to the persons and data specified in the Individual Contract, the Parties shall notify each other without delay. The party failing to notify or delaying notification shall be liable for any consequences arising therefrom.
13.3. Unless otherwise specified, all notifications, legal declarations and any messages arising therefrom shall be sent in writing, by post (by registered letter with acknowledgement of receipt), confirmed e-mail or other means that provide credible proof of receipt to the other party at its address. Written records containing messages shall be deemed to have been delivered when they have been delivered to the address specified in the Individual Contract and the sender has received the return receipt confirming this, the consignment has been signed for by the recipients or the e-mail has been confirmed. Communication in the form of e-mail is recognised by the parties as written form, with the exception of contract amendments, contract termination or withdrawal from the contract.
13.4. If the notification is sent by post (in the form of a registered letter with return receipt), the item shall be deemed to have been delivered on the day of refusal of receipt in the event of refusal of receipt, or on the 5th (fifth) working day following the attempted delivery.
14. CONFIDENTIALITY OBLIGATION
14.1. All business information and data that one party receives from the other in the course of performing the legal relationship established under these GTC and the Individual Contract, or that the Parties or persons acting on their behalf in connection with these GTC or the contents thereof, or to which the Parties have gained access during the performance of the legal relationship established under these GTC and the Individual Contract, shall be treated as confidential.
14.2. In addition, the Buyer shall treat all information relating to the Product as confidential information and a trade secret, with particular regard to information relating to the technical implementation of the Product solution.
14.3. Neither party may disclose the content of the legal relationship established under these GTC and the Individual Contract without the consent of the other party, with the proviso that neither party may prevent the other from disclosing information required by any official or court proceedings or legal regulations.
14.4. The Contracting Parties agree that the Individual Contract and all its annexes shall be considered business secrets. The enforcement of the Parties' legal rights or the fulfilment of their obligations under the law shall not constitute a breach of the obligations under this clause if information related to these GTC and the Individual Contract, business secrets, to competent authorities, courts, legal experts, appointed accountants or auditors in order to enforce their legal rights or fulfil their obligations prescribed by law.
14.5. The party that unlawfully discloses information shall be obliged to compensate the other party for any proven damage resulting from the breach of the obligations set out in Sections 14.1-14.3.
14.6. The confidential information and business secrets specified in Sections 14.1-14.3 may not be disclosed to third parties even after the termination of the legal relationship established under these GTC and the Individual Contract; the provisions relating to confidentiality shall remain in force for a further 5 (five) years in the event of termination of the legal relationship established under these GTC and the Individual Contract for any reason.
14.7. In addition to the provisions set out in points 14.1-14.3 above, the Parties shall refrain from any conduct that would harm or jeopardise the legitimate interests of the other Party.
14.8. The Buyer acknowledges that the data generated during the operation of the system is stored by HeatVentors Hőenergiatároló Kft. and agrees that it may be used freely and free of charge for the purpose of developing its systems and for business purposes.
14.9. The Buyer agrees that HeatVentors Hőenergiatároló Kft. may use the investment made within the framework of the legal relationship established on the basis of these GTC and the Individual Contract as a reference, and may include the details of the investment, the Buyer's name, the results achieved by the investment, and photos and videos of the Thermal Battery. Following ad hoc consultation and consent, the Buyer shall provide HeatVentors Hőenergiatároló Kft. with the opportunity to show the completed investment to potential buyers.
15. DATA PROTECTION
15.1. HeatVentors Hőenergiatároló Kft., acting as data controller, shall process the personal data of natural persons contracting with it, as provided in this Contract, for the purposes of exercising rights and fulfilling obligations arising from the Contract and for maintaining contact, on the legal basis of performance of a contract. Such data shall be retained for a period of 8 (eight) years following termination of the Contract. The legal basis for processing such data for accounting and taxation purposes is compliance with legal obligations, and such data shall be retained for 8 (eight) years.
15.2. HeatVentors Hőenergiatároló Kft. shall process the personal data of natural persons acting on behalf of a contracting legal entity (including signatories), as well as their address, e-mail address, telephone number and correspondence address, for the purposes of contact and exercising rights and obligations arising from the Contract, on the legal basis of legitimate interest. Such data shall be retained for 8 (eight) years following termination of the Contract. Where processing is based on legitimate interest, the data subject shall have the right to object to such processing.
15.3. HeatVentors Hőenergiatároló Kft. shall process the personal data (name, address, telephone number, e-mail address and correspondence address) of natural persons designated as contact persons (who are not signatories) in the Contract, for the purposes of contact and exercising rights and obligations arising from the Contract, on the legal basis of legitimate interest. By signing this Contract, the contracting party undertakes to ensure that such contact persons are duly informed of the data processing. Such data shall be retained for 8 (eight) years following the termination of the contact person status. In the event of an objection by a contact person, the contracting party shall designate a new contact person and ensure that such person is informed accordingly.
15.4. The personal data of a natural person contracting party shall be processed for accounting and taxation purposes on the legal basis of compliance with legal obligations, with a retention period of 8 (eight) years.
15.5. Recipients of personal data may include employees and contact persons of HeatVentors Hőenergiatároló Kft. performing customer service, accounting, taxation and sales functions, as well as data processors engaged by HeatVentors Hőenergiatároló Kft.
15.6. Personal data may be transferred to data processors for the purposes of taxation and accounting (e.g. the accounting firm engaged by HeatVentors Hőenergiatároló Kft.), postal and delivery services (e.g. Magyar Posta or courier service providers), security services, and other data processors listed in HeatVentors Hőenergiatároló Kft.’s Privacy Notice available on its website.
15.7. Data subjects shall have the right to transparent information, communication and facilitation of the exercise of their rights, the right to prior information where personal data is collected from them, and the right to information where personal data is not obtained directly from them. Data subjects shall also have the right of access, the right to rectification, the right to be informed of a personal data breach, the right to lodge a complaint with a supervisory authority, the right to an effective judicial remedy against a supervisory authority, and the right to an effective judicial remedy against a controller or processor. Subject to the conditions set out in the GDPR, data subjects shall also have the right to erasure (“right to be forgotten”), restriction of processing, data portability, the right to object, and rights related to automated decision-making and profiling. Further detailed information on the rights of data subjects and on data processors is available in HeatVentors Hőenergiatároló Kft.’s Privacy Notice published on its website.
15.8. Any matters not regulated in this Section, including the rights of data subjects, shall be governed by Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and Act CXII of 2011 on Informational Self-Determination and Freedom of Information.
16. PROCESSING OF OPERATIONAL AND MEASUREMENT DATA
16.1. By signing this Contract, the Buyer expressly consents to HeatVentors Hőenergiatároló Kft. accessing, collecting, transmitting, storing and processing technical and consumption data generated in connection with the operation of the Intelligent Thermal Battery System, as well as data relating to the operation of the Affected System, including, in particular, temperature, flow and energy consumption data, for the purpose of performing this Contract.
16.2. The HeatVentors Hőenergiatároló Kft. shall be entitled to use the data specified in Section 16.1 for the performance of this Contract, including monitoring, optimization and troubleshooting of the Intelligent Thermal Battery System, preparation of EnergyReports, provision of the HeatBoard service, as well as for service development and statistical purposes.
16.3. The Parties acknowledge that the data referred to in Section 16.1 do not constitute personal data. Should any personal data be processed, HeatVentors Hőenergiatároló Kft. shall process such data in accordance with the applicable data protection laws.
16.4. HeatVentors Hőenergiatároló Kft. shall be entitled to use the data specified in Section 16.1 in anonymized and aggregated form for business, statistical and development purposes without restriction, provided that the Buyer or its business operations cannot be directly identified from such data.
16.5 The Buyer shall ensure that the Service Provider has continuous access to the data to the extent necessary for the performance of this Contract.
17. SETTLEMENT OF LEGAL DISPUTES
17.1. HeatVentors Hőenergiatároló Kft. and the Buyer shall endeavour to settle any disputes that may arise amicably, through direct negotiations. If the negotiations to resolve the disputed issues are unsuccessful, they shall choose the ordinary courts to adjudicate their legal remedies. The Parties declare that their contractual relationship shall be governed by Hungarian law, including any legal disputes, and expressly stipulate the jurisdiction of the Hungarian courts.
17.2. The invalidity or nullity of any provision of these GTC shall not result in the invalidity or nullity of other provisions of the GTC or of the GTC as a whole. In such a case, HeatVentors Hőenergiatároló Kft. and the Buyer shall immediately commence negotiations to amend the GTC upon becoming aware of the reason for the invalidity or nullity, in order to replace the invalid or void provision with a provision that complies with the applicable legal provisions and the will of the Parties.
Dated: Budapest, 15.05.2026
