General terms of use of web TachoLab Service represent terms of use of web service for managing digital tachograph data using a simple mobile application, web application and driver card data reader, ensuring the tachograph compliance with EC regulations (hereafter called: TachoLab ). The web system TachoLab is enabled by the company Sledenje d.o.o. as a service provider (hereafter called: Sledenje) and owned by the company SIA Mapon, Ojāra Vācieša iela 6B, Rīga, LV-1004, Latvia (hereafter called: SIA Mapon).
Companies SIA Mapon and Sledenje have a valid business agreement in which company SIA Mapon as an owner of white label platform – Tachogram solution gives rights to company Sledenje to distribute TachoLab solution to third parties.
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 TachoLab's site on the Internet where the TachoLab 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 Sledenje about usage of the TachoLab Service;
Agreement - terms of use defined in a concluded Agreement between Sledenje and User for usage of TachoLab Service;
Service - the remote upload and processing of information, stored on Card, and other services offered by Sledenje;
1.1. The activation and usage of TachoLab Service is possible only for Users, that have confirmed and signed the Agreement.
1.2. The Agreement is considered to be valid when both parties Sledenje and the User confirm and sign the Agreement for TachoLab Service.
1.3. Sledenje will conclude the Agreement with interested customers, which fulfill the following conditions:
Legal entity:
- to guarantee payments via legal bank account;
- to quote exact and correct information in Agreement;
- has all due invoices from passed relationships with Sledenje covered and parties have not been involved in any legal conflict;
- to confirm Agreement with a legal representative or any other procurator and its written authorization.
Sledenje is entitled not to confirm the Agreement or cancel an already confirmed Agreement in case of the Users actions that are not in accordance to the demands of set Agreement or the User acts opposite to the general terms in the Agreement or legal regulations.
1.4. Sledenje provides Service to the User for a fee in accordance with the terms of the Agreement. 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.
1.5. Before beginning to use Service, the User must be registered on the TachoLab’s website where Account is created. During the registration certain data regarding the User have to be saved. The account is protected by a username and password.
1.6. User may upload their company card and driver card data in Account and receive respective reports about the data stored, which is uploaded to the system.
2.1. The fee and payment terms for TachoLab Service is indicated in the Agreement.
2.2. The User shall pay for TachoLab Service. 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. Sledenje sends an invoice for TachoLab Service to the address indicated by the User. The User shall pay according to the invoice in payment deadline defined in the invoice in accordance to the Agreement.
2.4. All payments shall be considered accomplished from the moment of their receipt by the Sledenje in its current bank account.
2.5. If the User fails to pay the TahoLab Service fee within the set term and in the indicated amount, Sledenje is entitled to suspend provision of the TachoLab Service to the User unilaterally and without any notice, including blocking User's Account.
2.6. If the User fails to pay the Service fee within the set term and in the indicated amount, Sledenje will automatically invoice legally defined interests to the User for delayed period. In case of forcible recovery of payments, User is responsible to carry the costs of the recovery with all court costs related to the User and his due payments to Sledenje. The payment of the penalty doesn't relieve the User from fulfilling his/her legal obligations.
3.1. Sledenje has presented all terms and rules of using TachoLab Service to the User before signing the Agreement. The User is obliged to respect the rules and terms set in the Agreement and use TachoLab Service accordingly.
3.2. Sledenje has the right to revise, change, improve suspend for a short time the TachoLab Service, Account, or website.
3.3. 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.
3.4. The TachoLab Service is provided for information purposes, therefore Sledenje bears no responsibility for any possible losses of any kind that have been or may be incurred as a result of provided TachoLab Service, including any possible inaccuracies or errors.
3.5. TachoLab Service includes technical solutions, and as a result instances may occur when availability of TachoLab Service could be interrupted.
3.6. 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 Sledenje’s written consent.
3.7. Sledenje is entitled to limit the time of storage of User's data in the Sledenje's system unilaterally.
3.8. All intellectual property rights (including, but not limited to copyright, design, trademarks etc.) with regard to the TachoLab Service, software, Sledenje’s website and information provided on it, are owned solely by Sledenje. 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 Sledenje and/or third parties. User's data contained in the Account belongs to the User.
3.9. If the User has any objections to the quality of TachoLab Service, report of such objections must be submitted to Sledenje in written form, containing identification information of the User along with information about the basis for such objections. The report shall be sent to the Sledenje's legal address, or electronically to the email address skrbniki@sledenje.com.
3.10. Information related to the Agreement are considered as business secret of Sledenje.
3.11. Sledenje will use and work with data connected to agreed relationship with the User in accordance with all legal regulations regarding personal data protection.
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 in accordance with the Agreement. 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. Sledenje has 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 TachoLab 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 Slovenia, according to the legislation of Republic of Slovenia.