These General Terms and Conditions govern the relations between the Serbian Chamber of Commerce (hereinafter referred to as SCC), the company CUBE Team doo Belgrade and the Service User, ie. their mutual rights and obligations regarding the service proving by SCC, as well as the relationship of the General Conditions with the contract between the SCC and the User.
Any use of the PKS Partner Web Application (hereinafter referred to as the Application) is subject to the terms and conditions set out below, and please review them carefully to avoid any misunderstandings and their consequences.
Information on PKS Partner web application may contain typographical errors. The information is subject to change at any time without any notice. If you choose to visit any of the linked websites of companies registered in the Republic of Serbia that are on the application or any other link on the aplication, you do so on your own responsibility, and you take the risk with regard to viruses or similar harmful elements.
1.2. The term access refers to the connection of the user’s computer and the database contained on the PKS Partner web application obtained through the Internet.
1.3. Establishing a connection is performed by the obligatory authorization of the user who enters the user name(Email) and password, which are assigned to him after signing the subscription relationship by the SCC or User has independently created on the page Registration of new users. The SCC has the right to change the user’s password at any time upon notification to the user or upon receiving a request from the user for a change.
1.4. The set of data available on the PKS Partner web application available to the User is defined by the Price List of the PKS Services, which are publicly available at the PKS Partner’s headquarters and on the website www.pkspartner.rs
1.5. All content published on the PKS Partner web application (text, visual, databases and programming code) is the property of CUBE and / or PKS.
2.1. The subscription relationship between the User and the SCC, which is the subject of using the database access service contained on the PKS Partner web application, is created with the consent of the User and the SCC, which is based on the conclusion of the Subscription Relationship Agreement in the form of a certified License Order Form.
2.2. The Subscription Agreement is concluded in the form, manner and according to the procedure determined by the SCC.
2.3. SCC reserves the right to verify the authenticity of the information and documentation provided by the User; User’s liquidity, solvency and credit rating; the debt to the SCC; regularity of settlement of obligations to SCC; the status of the User’s account with commercial banks; any other facts that may indicate the possibility of fraud, misuse of services or disorderly conduct in the settlement of obligations to the SCC.
2.4. If the information obtained by the SCC indicates a likely fraud, misuse of services or a failure to settle its obligations to the SCC, the SCC shall have the right to request the User’s statement, provide additional documentation and / or appropriate means of security, refuse to conclude the contract or terminate the existing contract with the User.
2.5. When establishing a subscription relationship, the type of service or package of services shall be specified, according to the Offer and Price List of the SCC valid on the date of establishment of the subscription relationship.
2.6. The User signs the Subscription Agreement; by signing License Order Form, he / she confirms that he / she is acquainted with the contents of the General Terms and agrees with them prior to the establishment of the subscription relationship.
2.7. The User is provided with one copy of the Subscription Agreement, if any, when establishing a subscription relationship.
2.8. Anything that is not governed by the General Terms and Conditions will be subject to the content of individual agreements between the SCC and the User.
2.9. In case of disagreement of the contents of the General Terms and Conditions and individual agreements between the SCC and the Beneficiary, the contents of the individual agreements or provisions of the positive regulations of the Republic of Serbia shall apply.
3.1. The prerequisites for activating the service are:
1) that the User has technical possibilities for using the service;
2) that CUBE provides the User with the ability to connect according to the selected service package;
3) that the User pays a fee for using the selected service in accordance with the current Price List.
3.2. The prerequisites for activating the service are valid if they are applicable to the service that is the subject of the subscription.
3.3. CUBE is not responsible for the inability to activate a service resulting from failure to comply with the above requirements.
3.4. If CUBE, for technical and other reasons beyond its control, is unable to activate the service within the agreed period, the Customer shall be entitled to a refund without interest and the subscription shall cease to be valid
4.1. CUBE and / or SCC undertakes to:
1) Provide to the User all data, services and access to the database contained on the web application in the package selected and paid by the User, of standard quality, which is enabled by the applied technology of service provision. CUBE is not responsible for any impairment of the quality of service caused by third parties, which CUBE cannot objectively affect;
2) Perform all necessary equipment configurations and data entry that provide the User with the package of services he has selected and paid for;
3) Provide the User with an up-to-date insight of the status of his account;
4) Personal data of the User (name, surname, address, JMBG, fixed and mobile phone number, e-mail addresses, personal data of legal entities representatives, and other submitted data) are used and processed for the provision of services to the User, realization of the rights and obligations within CUBE and the User, providing oral and written notices and propaganda messages regarding the SCC Services to the User, issuing and sending an Account to the User by the SCC, collection of claims from the User, with the obligation to preserve their confidentiality and not to give or credit them to third parties persons, without the specific written consent of the User.
5) Keeps information about the User as well as information intended for the User for the duration of the subscription. The exception is user data for which, for technical reasons, CUBE may prescribe a different retention period;
6) During the use of the database access service contained on the web application, provide the User with telephone and e-mail support available through the contacts published on the website www.pkspartner.rs.
7) CUBE is committed to do everything in its power to ensure that you are directed to web sites whose content is of high quality and secure when redirecting from the PKS Partner web application. However, pages and addresses on the webs are changing rapidly and CUBE cannot always guarantee the content of every address that aplication directs you to.
5.1. The User undertakes to:
1) before completing the subscription, provide the SCC with complete and correct information, namely: name, surname, address, JMBG, fixed and mobile phone number, e-mail address, identification and contact information of legal entities and information about their representatives; to allow the use of the submitted data in accordance with the provisions of the General Conditions and to notify the SCC in the event of any change of data not later than 5 (five) days after the change occurs;
2) regularly and fully pays the fee for the chosen package of services according to the valid Price List;
3) promptly report any problem in the functioning of the service and user account, in order to record the problem;
4) at its own expense, equip itself with all necessary configuration in order to establish a connection, in accordance with the technical instructions;
5) keeps the assigned password secured and does not disclose it to third parties;
6) uses the service solely for its own purposes and does not transfer the right to use the service to third parties in any way;
7) monitor notifications posted by PKS and CUBE on the website www.pkspartner.rs, as well as notifications sent by e-mail to the User’s e-mail;
8) use the service in accordance with regulations, rules of conduct and ways of using CUBE services, in order to ensure protection of other Users and the Internet network as a whole;
9) abide by the rules and regulations concerning the protection of copyrights and industrial property rights, as well as that all content must not be used for illegal purposes or to promote them.
10) all content published on the PKS Partner web application (text, visual, databases and programming code) may only be used for private and non-commercial purposes, may not be copied, reproduced or otherwise distributed without CUBE’s written permission. . Unauthorized use of any part of the Application is considered a copyright infringement and is subject to material and criminal prosecution.
5.2. In particular, the following acts are considered illegal behavior:
– committing a criminal offense or economic offense;
– infringing the provisions of copyright and industrial property rights;
– which commits an act of unfair competition;
– endangering or violating one’s personal rights;
– which violates good business practices and rules on consumer protection;
– distribution of unsolicited propaganda messages via e-mail or otherwise (“spam”);
– use of automatic calling and communication systems without human intervention, fax machines, e-mail or other types of electronic messages, for direct advertising without the consent of the recipient;
– endangering the unhindered use of services and services by other users, endangering the smooth operation of the PKS Partner web application;
– distribution of materials that are in conflict with national or international laws;
– use of the service for unauthorized access or gain control of other systems on the Internet, including attempts to parse or scan networks, hosts and services;
– setting up Internet sites with programs and data whose access or activation by third parties may be performed by some of the illegal actions;
– sending data or requests with data in quantities that exceed the usual and may cause congestion of communication channels, networks, hosts or services;
6.1. If, in the opinion of CUBE and / or SCC, the User by its conduct violates the obligations assumed by Article 5, CUBE and / or SCC has the right to take safeguards which may include: warning, suspension of service or termination of the contract, with early termination of service.
6.2. The user is not entitled to compensation due to the inability to use the services during the period of temporary suspension.
6.3. The User is obliged to pay the CUBE and / or PKS fee for the costs incurred by CUBE and / or PKS individually or together during the temporary suspension of services in the amount of the fee for the contracted service used immediately before the suspension.
6.4. If, after being notified of the protection measure taken, the Customer continues to engage in unlawful conduct or fails to remedy the consequences of the misconduct if possible, the SCC shall have the right to terminate the subscription relationship without leaving the notice period and without the User’s right to compensation for the unspent time of the service.
6.5. CUBE undertakes to approach the Users with utmost care in any case of unlawful conduct, to carry out all necessary checks and only after establishing reasonable suspicion about the User’s unlawful conduct to take the measures of protection provided for in this Article.
6.6. CUBE undertakes not to post any non-cultural content, content that offends anyone in any way, profane speech, speech that incites racial or national hatred, or intolerance of any kind on the PKS Partner web application.
7.1. CUBE and / or PKS is not responsible for any unlawful conduct of the User. User is solely responsible for its behavior. The user also accepts responsibility for the damages caused by his / her unlawful behavior during the use of the service to CUBE and / or PKS.
8.1. The service is paid in advance, according to the valid Price List.
8.2. Payment can only be made by bank transfer, according to the payment instructions provided by the SCC. All payment costs shall be borne by the User.
8.3. The billing period is one year from the moment of activation of the service, unless otherwise specified by the License Order Form and the SCC Price List.
8.4. The current Price List, as well as all current information on the packages and costs applied, are available in the Pricing section at www.pkspartner.rs.
8.5. If the SCC is forced to terminate the availability of certain services or functions due to legal regulations or decisions of the competent state bodies, it reserves the right to charge the full contracted price of services until the end of the paid subscription period.
8.6. The User is obliged to pay full fee for using the service to the SCC for the period of providing the service, from the beginning of the subscription to the termination of service provision. If the User fails to fulfill his obligation to pay within an additional reasonable time after the termination of the service, CUBE has the right to terminate business relationship with the User.
9.1 Subsequent payment benefits may be defined between the User and the SCC if the User agrees to use the Service for a pre-specified minimum period.
9.2. The User undertakes to pay the selected service / package regularly within the specified minimum period.
9.3. If the User waives the obligation to use the service in the indicated minimum period, the SCC has the right to collect the difference that has arisen as a benefit of the assumed and unfulfilled obligations, that is, the difference between the full and preferential price of the service, if an individual contract between the User and the SCC does not provide for a higher fee, due to premature termination of the subscription relationship.
10.1. SCC is obliged to inform the Beneficiary in an appropriate manner about unilaterally changing the General Terms of Service and changing the price of services.
10.3. The User’s use of the Services upon notification of changes to the General Terms and Conditions, use of the Services and the Price List, automatically represents acceptance of those changes.
10.4. In case of changes that do not significantly change the terms of the subscription to the detriment of the User, and the User already has a paid service which has not been fully completed, he/she shall continue to use it under the same conditions as at the time of payment.
11.1. The User has sole responsibility for meeting his own needs by using the Service and for how much and in what way he uses the Service, for the functioning of the equipment provided by him.
11.2. CUBE and / or PKS shall not bear any responsibility for the value that the use of the Service has for the User’s business or for the business results generated by the use or inability to use the Service.
11.3. The contents of the database accessed through the use of the Services are provided for general information only. CUBE and / or PKS assumes no responsibility for any content accessed through the use of the Services. Further use of the content of the PKS Partner web application database is at the user’s own risk.
11.4. The contents of the database do not have the advisory function that the User should rely on. Prior to taking any action on the content of the PKS Partner web application database, it is necessary for the User to obtain expert advice.
11.5. CUBE receives content from a number of different sources and makes reasonable efforts to ensure the accuracy and up-to-date of the PKS Partner web application, but under no circumstances guarantees or is responsible for the completeness, authenticity, accuracy or reliability of any content accessed through the Services. CUBE and / or PKS is not responsible for any loss or damage of any kind incurred as a result of the User’s use of the Services.
11.6. Certain sections of the Application may contain, in whole or in part, information relating to the estimated values calculated by CUBE on the basis of an internal methodology, using available data. CUBE under no circumstances warrants or is responsible for the completeness, authenticity, accuracy or reliability of any Content accessed through the Services.
11.7. If the User identifies any inaccurate information contained on the PKS Partner web application by using the Services, he shall notify CUBE or PKS without delay. CUBE shall promptly after receipt of such notice carefully examine the allegations and suspicions of the User and, as soon as possible, remove or correct any irregularities if the allegations of the User are found to be correct.
11.8. CUBE is not responsible for the inability or difficulty of using the Service or certain services created by:
– due to congestion, delays or errors in the operation of the Internet network that cannot be objectively affected;
– due to pre-announced maintenance work on the PKS Partner web application;
– due to improper installation, configuration and operation of equipment at the User’s site and failure to comply with the instructions provided by the User by CUBE;
– due to malfunction or inability to use the user’s equipment and programs necessary to establish a connection with the PKS Partner web application;
– due to actions of third parties which cannot be objectively influenced;
11.9. Publications and content located on www.pkspartner.rs or any part thereof may not be considered an offer or invitation to purchase any type of property or right. The information, opinions, analyzes, conclusions, forecasts and projections published on the PKS Prtner web application are based on public and other information originating from a source whose completeness and reliability CUBE does not suspect but cannot guarantee. Therefore, all information provided on www.pkspartner.rs are subject to changes that depend on changes to the source of information as well as changes that occur from the moment you write or publish the text until it is read.
11.10. CUBE and / or PKS does not respond:
– for the damage caused by the User to third parties through unlawful conduct;
– for infringement of the right to privacy and security of the User by a third party to the detriment of the User through the Internet;
– for the security and accuracy of information that the User exchanges with other Internet users;
– for damage caused to the User or third party as a result of the injury
– to change the service packages that are the subject of a subscription.
– for any direct or indirect damage or injury (including, but not limited to, special or consequential damage) that may result from the use or inability to use any part of the Application or something posted or added to it by other users.
11.11. Under no circumstances, the damages to which CUBE and / or PKS are liable cannot exceed the amount paid by the User for the Service.
12.1. The User may file a complaint with the SCC on the amount charged with the service provided or on the quality of the service provided, within 8 (letters: eight) days from the date of maturity of the service bill – when it is a complaint about the amount of the bill, otherwise, within 8 (eight) days from the date of service – when it comes to objecting to the quality of service.
12.2. The SCC shall notify the Beneficiary within 15 (letters: fifteen) days from the day of receipt of the complaint whether or not it has been adopted, except in cases when its resolution requires a long period of time.
12.3. The User may file a complaint in writing at the SCC Headquarters, by letter addressed to the registered address of the SCC Headquarters, by fax or email specified in the Subscription Relationship Agreement, or the License Order Form.
13.1. The User does not have the right to assign the rights and obligations under the Subscription Agreement to third parties without the prior consent of CUBE and / or SCC.
13.2. If CUBE and / or the SCC gives consent to the assignment, the consent of the receiver to assume the rights and obligations of the assignee is also required, with the personal presence and identification of both parties at the headquarters of the SCC or the identification of their identity in another convenient manner determined by the SCC.
14.3. The termination of the subscription relationship shall not terminate the obligations that have arisen and have not been fulfilled during its term.
15.1. All notices to CUBE and / or PKS may be sent in writing, by fax, by telephone, by registered email of the User, by posting on www.pkspartner.rs or otherwise notified by CUBE and / or PKS as appropriate, and it is the responsibility of the User to promptly check such notifications.
15.2. The User shall be deemed to have received a CUBE and / or PKS notification on the day of its publication on the website www.pkspartner.rs, on the second day following the written notification using postal services, the day of sending the notification by fax or email.
16.1 The General Terms and Conditions shall be made publicly available on the website www.pkspartner.rs as well as on the PKS Partner web application itself.
17.1. SCC and the User agree to settle disputes by mutual agreement. Where this is not possible, the competent court in Belgrade shall have jurisdiction.