SUBJECT OF GENERAL TERMS OF SERVICE
These General Terms and Conditions (hereinafter: SAP TOS) for the provision of services to business entities regulate the relations concerning Business Objects Software Limited T/A SAP Solutions (hereinafter: SAP) between business entities, and/or end users (hereinafter: Users) and Altima Ltd, Zagreb, Horvatova 80a (hereinafter: Altima)
These SAP TOS are applicable only to apply only to relations with clients and customers who implement SAP solutions in accordance with their needs and contractual relationship with Altima.
SAP TOS apply and are only related to Altima clients and customers using services of SAP, within the scope of SAP PartnerEdge Build Master Partner Agreement concluded on May 14th, 2021.
Existing SAP users within the scope of SAP PartnerEdge Sell Agreement with Altima are exempt from SAP TOS.
Zakon o elektroničkim komunikacijama, Pravilnik o načinu i uvjetima obavljanja djelatnosti elektroničkih komunikacijskih mreža i usluga and other relevant regulations of the Republic of Croatia apply to all mutual relations between Altima and Users that are not specifically regulated by these SAP TOS.
Services in accordance with these SAP TOS may be provided only on the basis of a contract.
Agreements that differ from these SAP TOS must be confirmed in writing by both parties.
The service contract shall enter into force on the date specified on the contract and shall be valid for the agreed period of time.
The basic technical features of Altima services, depending on the individual service, are available to Users on the Altima website (www.versoaltima.com) as well as in other appropriate places (offers, written materials).
For the purposes of these SAP TOS, each of the terms and definitions below has the following meanings:
- Altima d.o.o, Horvatova 80A, Zagreb, Republic of Croatia, registered with the Commercial Court in Zagreb, MBS: 080643289, OIB: 0639503150
Bank Name: ZAGREBAČKA BANKA d.d. Zagreb
Account Number: HR4923600001102004460
SWIFT Number: ZABA HR 2X
- in terms of these SAP TOS User is a legal entity, state administration body, local self-government unit, association, company, natural person operating in the field of its economic activity or free profession and another user / non-consumer with whom ALTIMA D.O.O. concludes a contract for services of SAP, within the scope of SAP PartnerEdge Build Master Partner Agreement concluded on May 14th, 2021.
- Altima Service Agreement with User
- a set of services defined below, the scope and duration of which the User separately negotiates with Altima in the Service Agreement with User
The User concludes a contract with Altima for the provision of Services of SAP (hereinafter: the Agreement), and by signing the Agreement confirms that he has read the SAP TOS and agrees to their application and accepts all rights and obligations set out in these SAP TOS.
In accordance with the technical and other possibilities, Altima will activate the Service upon signing the Agreement. By activating the Service, the calculation and payment of the Service begins.
Altima reserves the right to refuse to enter into the Agreement for any reason and is not obliged to specifically explain the reasons for the refusal.
The final scope of services defined in the Agreement with the customer depend on the package selected. Some of the services that can be rendered include (but are not limited to):
- Installation and configuration of the platform
- Integration of the platform to external systems (For Custom Pricing Model)
- Management of technical resources (All pricing models)
- Yearly support (purchased separately)
- Volume based licensing (per number of resources used)
Each of the above Services may, if desired, be linked to other Services which, with the consent of the User, will be specified in the Agreement.
The User must ensure the accuracy and technical accuracy of the provided information and the User is obliged to notify Altima of changes in personal data necessary for the unobstructed and secure use of the Services, such as telephone numbers, mobile phones, or e-mail addresses through which certain Services are used, within 15 days from the occurrence of the change.
If the User fails to do so, Altima will consider the relevant latest data provided by the User and cannot be held liable for damages caused by out-of-date data.
Data concerning the contractual relationship, on the basis of which the calculation and collection of the Service is performed, are processed only for the purposes of performing the requested services which are defined in the Agreement.
User data may also be processed for other purposes which are permitted and determined by law.
RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
The User is obliged to use, use and maintain, for the use of the Services, appropriate computer and communication equipment that includes protection against malicious code.
The User is obliged to immediately notify Altima of the misuse or unauthorized use or suspicion of unauthorized use of the Services and immediately send a request to Altima to disable (block) the use of the Services.
The User is obliged to immediately notify Altima of any identified irregularities or unusual occurrences that he notices while using the Services.
The User bears full responsibility for the legality, content, quality and veracity of information, applications, data as well as all other materials offered and made available through Altima.
For Services involving the use of software licenses, the User bears full responsibility for the accuracy of the information provided and for compliance with the terms of the license.
User will be liable and obliged to compensate the damage that could occur to Altima or a third party due to violation of any of the obligations of the User from the SAP TOS, in accordance with the general regulations of Zakon o obveznim odnosima.
Altima is obliged to maintain its infrastructure in such condition and to maintain the level of quality of service provision in accordance with the relevant technical and operational standards and conditions set out in the Contract, and in particular must have valid technical and safety certificates necessary for its operation.
Altima is not responsible for the loss or destruction of data on the equipment used by the User to access the Services.
Altima always has the right to suspend the provision of Services if, by continuing to provide the Services, they would expose themselves, their employees or other persons to criminal liability.
PAYMENT OF THE FEE FOR THE SERVICE PROVIDED
User is obliged to settle the entire calculated amount of the invoice by the due date stated on the Altima invoice.
Otherwise, in the event of late payment, Altima is authorized to charge statutory default interest on overdue and unpaid debt.
If the User does not pay the full amount of the invoice by the due date stated on the invoice, Altima will send a written reminder to pay the invoice with a warning that the Service will be temporarily suspended if the User does not pay the debt within the specified period.
The temporary exclusion will, in accordance with the technical possibilities, be limited only to the Services for the use of which the debt has not been settled.
Altima reserves the right to charge a fee for the re-establishment of the Services.
If the User does not settle the debt even after the expiration of the deadline set by Altima after the temporary disconnection has already taken place, Altima may terminate the contract with the User.
Altima will not be liable for any damage that may occur to the User due to temporary disconnection or restriction of use of the Services.
The prices of the Services charged by Altima on the basis of these SAP TOS are determined by the chosen product. The prices of each individual Service are visibly described and stated in the Agreement.
The User who submits a complaint in accordance with SAP TOS will be obliged to pay the undisputed part of the invoice amount or the average amount he was indebted for in the period of three months before the period to which the complaint relates.
Altima is authorized to assign claims against the User to third parties, e.g. banks, debt collection agencies in accordance with specially agreed conditions and without additional costs for the User, and in accordance with applicable regulations.
SAP TOS shall enter into force on the day of publication and shall apply to all Users who have entered into a contractual relationship with Altima after that date. For existing Users who have established a contractual relationship with Altima by the date of publication of SAP TOS, they shall apply 30 days after their publication. SAP TOS are available through the official Altima website.
Altima and the User agree that all disputes arising out of and in connection with the Agreement shall be settled amicably. If a peaceful settlement of the dispute fails, the parties agree on the jurisdiction of the Municipal Civil Court in Zagreb or Commercial Court in Zagreb, depending on subject-matter jurisdiction.
All changes and amendments to SAP TOS will be published by Altima on its official website in accordance with applicable regulations.
Altima reserves the right to amend SAP TOS, in accordance with applicable regulations. Altima will notify the User of the proposed changes and his right to terminate the contract, if the changes are less favorable for the User within 30 days of publication.
Changes to the SAP TOS will start to apply 30 days after the announcement of the changes.
Termination of the Agreement by the User is possible only after payment of all obligations under the Agreement.
Any deviation from SAP TOS, if agreed between Altima and the User, must be in writing and signed by both parties.