GENERAL TERMS AND CONDITIONS
I. GENERAL TERMS
1. These general conditions apply to the provision of services by "VARNA DATA CENTER" Ltd., hereinafter referred to as SERVICE PROVIDER, to natural or legal persons, hereinafter referred to as CLIENTS.
2. The General Conditions are previously established rules governing the relationship between the SERVICE PROVIDER and the CLIENTS under the contract for services.
3. The general conditions have legal effects between the parties, once the CLIENTS declare in writing that they accept the General Conditions.
4. Parties who have entered a written contract may agree among themselves conditions other than the General Conditions. These conditions are specified in an individual written contract and are valid only for a specific transaction. In this case, if there is a discrepancy between what is agreed by the parties and the General Conditions, the agreed ones shall have effect.
II. SERVICES PROVIDED BY THE SURVICE PROVIDER TO THE CLIENTS
1. The SERVICE PROVIDER is obligated to provide services to CLIENTS in accordance with specifications defined depending on a chosen by the CLIENTS subscription plan, and to provide connectivity, technical availability of the services explicitly mentioned in the individual contract with the CLIENTS which are paid periodically in accordance with the contract terms:
1.1.EQUIPMENT COLOCATION
- SERVICE PROVIDER accepts only CLIENTS` equipment that meets certain requirements. All servers that CLIENTS want to place in the data center must be adapted to be put in cell server (rack) and must have their own buses. For this purpose, the CLIENTS` server must be rack mountable.
- CLIENTS in this class services have to provide spare parts (power supply, hard drives, etc.) to be used for replacement if a component of the CLIENT`S server stops working.
1.2.Hosting
VIRTUAL SERVER
- The SERVICE PROVIDER uses OS virtualization technologies to create and provide to its CLIENTS virtual servers. All software products are owned by the SERVICE PROVIDER or its partners. CLIENTS cannot modify or attempt to change system settings of the software products or to violate their rights of use and intellectual property.
- All virtual servers and VPS hosting services created by the SERVICE PROVIDER are available to the CLIENTS with no management. The CLIENT is obliged to manage themselves their virtual server and not to expect the SERVICE PROVIDER to work on their VPS hosting account. This condition is for protection of the information and quality of the services that the CLIENT uses. Any attempt of infringement is ground for the service supply termination.
- Every SERVICE PROVIDER`S CLIENT, who wants to get partial or regular interference by an expert to manage their virtual server, must send a request to buy once or to subscribe to the service: Managing virtual server.
- After receiving the payment for the service, the SERVICE PROVIDER is committed within 24 hours to put into service the virtual server.
DEDICATED SERVER:
-The services in class “dedicated server” meet the strictly regulated technical standards, which guaranteed high quality services. Every violation of these standards leads to the elimination of the guarantees, part of the General Conditions and the Service Level Agreement.
- SERVICE PROVIDER allows CLIENTS to configure their servers in a way that they need.
III. PRICES AND WAY OF PAYMENT
1. The price of the services, described above, is specified in the individual contract between the parties, based on the unit prices, determined by the SERVICE PROVIDER, for different type of services and relevant to the scope of the agreed activities.
2. VAT is not included in the price, unless explicitly stated otherwise in the individual contract.
3. The total amount due shall be paid in the way and within the time specified in individual contracts.
4. Payment of the price shall be made via bank transfer on account of the SERVICE PROVIDER declared in the individual contract between the parties.
IV. TERM, TERMINATION AND FAILURE OF THE INDIVIDUAL CONTRACT.
1. The term of the individual contract is stated in the contract itself.
2. Furthermore, after the expiry of the contract, termination may also be in the following cases:
2.1. By mutual written agreement between the parties.
2.2. By announcing liquidation or bankruptcy of a party.
2.3. Unilaterally, by each party, by giving 60 (sixty) days written notice to the other party, but not before the first three months.
2.4. Unilaterally, by the correct party, by giving 30 (thirty) days written notice to the incorrect party of the contract.
2.5. Upon the occurrence of events of force majeure, lasting more than two months and the parties lose commercial interest in this contract.
3. Each party has the right to cancel/terminate the individual contract if the other party guiltily failed to fulfill its obligations more than 15 (fifteen) consecutive days. The Correct Party shall give 15 (fifteen) days notice to the other party.
V. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
1. The SERVICE PROVIDER provides services to CLIENTS in accordance with the General Conditions and as agreed in the individual contract.
2. All services, offered by the SERVICE PROVIDER can be used by the CLIENT only for operations that are not prohibited by law and not contrary to morals and good practices. If there is a reasonable evidence that the CLIENT fails to comply or not comply with these requirements, the SERVICE PROVIDER reserves the right to refuse/terminate the provision of services.
3. The SERVICE PROVIDER is entitled to receive in time the remuneration payable by the CLIENT, specified in the individual contracts.
4. The SERVICE PROVIDER is entitled to provide the opportunity relevant parts of the technical center and the network to be used by third parties, without prejudice to the CLIENT to exercise their rights over the individual contract.
5. The SERVICE PROVIDER is entitled to make changes in the technical center to improve and optimize its work, as for this, the SERVICE PROVIDER should obtain prior consent from the CLIENT. The changes should not lead to deterioration of the contractual use of the technical center by the CLIENT.
6. The SERVICE PROVIDER is entitled to optimize the content of the services at any time, including to modify and optimize the software provided to the CLIENT, if this is necessary due to technical reasons.
7. The SERVICE PROVIDER is obliged not to make publicly available the written or verbal correspondence conducted with the CLIENT. The correspondence should not be published in the press and online publications (including websites).
8. The SERVICE PROVIDER is obliged to keep the reputation and the commercial image of CLIENTS, even after termination of the contract.
VI. RIGHTS AND OBLIGATIONS OF THE CLIENT
1. The CLIENT cannot have the following type of content in the form of files and links on the hosted sites or servers:
- Appeals, invitations, materials encouraging illegal activity;
- Material that infringeor may infringe the rights of others on intellectual property, copyright and related rights;
- Popularization of pornographic, sexually explicit, violent, offensive or obscene materials;
- Anything that represents spreading spam;
- Anything related to Warez or hacker-oriented;
- Pirate software;
- Attempts to undermine the reputation and good name or causing moral or material injury to other CLIENTS or the SERVICE PROVIDER;
- Any materials relating to inciting racial, religious or other hate;
- Content that violates the laws of the Republic of Bulgaria;
2. The CLIENT is obliged to pay for services at the rate, in the way and within the period specified in the individual contract.
3. The CLIENT is obligated to:
- keep strictly confidential all details about the negotiations, leading to the conclusion of the individual contract and its terms, and any information related to the SERVICE PROVIDER or their business, which came to their knowledge during the course of negotiations, execution of the contract or in any other way;
- cooperate in good faith to preserve the image and reputation of the SERVICE PROVIDER and their business;
- abstain from any statements, information disclosure or allegations, as well as any other public or private actions, which could present the SERVICE PROVIDER in negative aspect.
4. The CLIENT is obliged to prevent unauthorized access by third parties to SERVICE PROVIDER’S software and services.
5. In case of errors /defects/ troubleshooting of the services provided or of the software, the CLIENT must immediately contact the SERVICE PROVIDER and follow the instructions given. The SERVICE PROVIDER has no responsibility if such errors /defects/ troubleshooting of the services or software is due to the intervention of third parties.
6. The CLIENT is obliged not to make publicly available the written or verbal correspondence conducted with the SERVICE PROVIDER. The correspondence should not be published in the press and online publications (including websites).
7. In accordance with Article 6 of the E-commerce Law of the Republic of Bulgaria,creation and distribution of unwanted commercial messages (SPAM) is strictly prohibited on the SERVICE PROVIDER`S servers. Any CLIENT, who is found to violate the rules, is subject to termination of the individual contract without preliminary notice. The SERVICE PROVIDER will directly refuse providing services to already established spammers. The SERVICE PROVIDER`S network, equipment and e-files, should not be used to spread spam attacks, mail bombs and any unauthorized mass e-mails. The domain name of the CLIENT must not be present as source, an intermediate unit or response address in any of the above messages. This prohibition also applies to the sending of illegal mass e-messages via another operator, which somehow can be associated with the use of the network, equipment or e-mail address of the SERVICE PROVIDER. An e-message is considered improper if it is sent in violation of the newsgroups or the recipient has not ordered or wanted it. Under this definition, the public announcement of someone's e-mail address is not a request or wish to receive messages. Any violation of the above rules will result in immediate termination of the provision of services without refund of the payment.
8. By accepting these General Conditions, the CLIENT agrees that downloading or uploading for storage any information, using the SERVICE PROVIDER`S services, is done on their own responsibility and risk. The CLIENT is personally responsible for any damage caused to them, to a third person, to a computer system or loss of data through the use of the services.
9. The CLIENT is entitled to standard support for the equipment, located in the technical center (installation or replacement of communication blocks, reboot or connecting leased lines).
VII. PRIVACY POLICY
1. The SERVICE PROVIDER collects and processes CLIENT`S personal data pursuant to Article 4, Paragraph 1, point 2 and point 3 of the Personal Data Protection Law of the Republic of Bulgaria, and particularly based on the following:
- Explicit CLIENT consent;
- Implementation of the obligations of the SERVICE PROVIDER to CLIENT`S contracts for use of the services.
2. By the adoption of the General Conditions for using the services, CLIENTS explicitly agree that the SERVICE PROVIDER is entitled to process personal data, submitted during the registration for using the services.
3. The SERVICE PROVIDER is registered as administrator of personal data with the Commission for Personal Data Protection.
4. The SERVICE PROVIDER collects and process personal data, submitted by CLIENTS including for the following purposes:
- Accounting purposes;
- Statistical purposes;
- Information security;
- Guarantying the implementation of the contractfor providing the service concerned;
- Resolving disputes between the CLIENT and third parties;
5. The SERVICE PROVIDER pursues the following principles in the processing of personal CLIENT data:
- Legality and fairness;
- Accurate determination of the purposes of processing;
- Relevance to the objectives of processing;
- Accuracy and actuality;
- Consent of the CLIENT for data processing;
6. The SERVICE PROVIDER does not collect and process personal data and the CLIENT does not provide those, which concern the following:
- revealing racial or ethnic origin;
- revealing political, religious or philosophical beliefs, membership in political parties or organizations, associations with religious, philosophical, political or labor unions purpose;
- concerning health, sexual life or the human genome;
7.In the collection and processing of CLIENT`S personal data, the SERVICE PROVIDER ensures adequate level of protection according to the development of information technologies against accidental or illegal destruction or accidental loss, unauthorized access, modification or distribution as well as against other illegal forms of processing.
8. The CLIENTS are required to act with due care for the preservation and protection of personal data when giving it to the SERVICE PROVIDER.
9. The CLIENTS are required to maintain current personal data that they give to the SERVICE PROVIDER.
10. The SERVICE PROVIDER gives the CLIENTS access to their personal data, collected in the registration process for using the services.
11. The SERVICE PROVIDER gives the Commission for Personal Data Protection access to the registers kept by them and does not prevent control over the process of processing.
12. The SERVICE PROVIDER provides the authorities with the CLIENT’S personal data if it is requested after an explicit written order and in the cases provided by law.
13. The SERVICE PROVIDER provides the authorities with the CLIENT`S personal data including in the following cases:
- Article 251, Paragraph 1 of the Electronic Communications Law.
- Article 16, Paragraph 3 of the Electronic Commerce Law.
- Article 148, Paragraph 1 of the Ministry of the Interior Law.
14. After achieving the purpose of CLIENT`S personal data processing, the SERVICE PROVIDER destroys data or transfers it to another administrator of personal data in accordance with the requirements of Article 25, Paragraph 1 of the Personal Data Protection Law.
15. The CLIENTS have the right to access personal data concerning them by sending a request to the SERVICE PROVIDER for providing electronic access.
16. The SERVICE PROVIDER provides access only to data concerning the respective individual, who had sent request for access.
17. The individuals, to whom the data refers, may require from the SERVICE PROVIDER at any time the following:
- Confirmation whether the data concerning them are being processed, information for the purposes of this processing, the categories of the data and the recipients or categories of the recipients to whom the data are disclosed;
- Message in an intelligible form, containing individual`s personal data being processed, and any available information about their source;
18. The individual whose data are processed may require actions under point 17 for free once every 12 months at the most.
19. The individual whose data are processed by the SERVICE PROVIDER has the right at any time to request the following:
- To delete, correct or block their personal data, processing of which does not meet the requirements of the Data Protection Law;
- To notify third parties, to whom their personal data have been disclosed, for any deletion, correction or blocking carried out in accordance with the above sentence, except in the cases when this is impossible or involves a disproportionate effort.
20. Requests to the SERVICE PROVIDER pursuant to this policy must contain at least the following:
- Name, address and other data to identify the individual;
- Description of the request;
- Preferred form of provision of the information;
- Signature, date of application and mailing address.
21. When the request is filed by a representative of the person, a notarized power of attorney shall also be enclosed.
22. The SERVICE PROVIDER shall act on the request of the individual within 14 /fourteen/ days of filing.
23. The period of point 22 may be extended by the SERVICE PROVIDER up to 30 /thirty/ days when a longer period is objectively required for collecting all data required and this seriously hampers the work of the SERVICE PROVIDER.
24. The SERVICE PROVIDER notifies in writing the individual who made the request as to whether it is satisfied or provides a reasoned refusal to satisfy the request. The notification shall be sent by the SERVICE PROVIDER to the individual by mail with return receipt or personally against signature.
25. The absence of notification by the SERVICE PROVIDER to the individual will be considered a refusal.
26. The individual to whom the data refers is entitled to the following:
- To object to the SERVICE PROVIDER against the processing of their personal data in the presence of legal basis. When such objection is justified, the personal data of the individual can no longer be processed;
- To object to processing of their personal data for direct marketing purposes;
- To be informed before their personal data are disclosed for the first time to third parties or used on their behalf and being given the opportunity to object to such disclosure or use.
27. The SERVICE PROVIDER is obligated not to provide information about their CLIENTS to third parties. Exception to the above is acceptable, if it is requested by the authorities, or after the CLIENT`S permission. The CLIENT agrees the SERVICE PROVIDER to use their personal data to supply and support the offered services.
Commission for Personal Data Protection
Address: 15, “Acad. Ivan Evstatiev Geshov”, Blvd, Sofia 1431
Centre for information and contacts, about the registration of the data controllers
Tel: 02/91-53-518
Legal and International Activity Directorate
Legal Opinions and International Cooperation Unit
Tel: 02/91-53-565, 02/91-53-563
Law Proceedings and Supervision Directorate
Law Proceedings and Procedural Delegation Unit
Tel: 02/91-53-535
Registry
Tel: 02/91-53-515, 02/91-53-519
Fax: 02/91-53-525
E-mail: kzld@cpdp.bg
Website:www.cpdp.bg
VIII. PAYMENT POLICY
1. The CLIENT is obliged to pay the amounts due to the SERVICE PROVIDER, related to the requested services, without having the right to refusal or claims when the request was filed by an employee of the company.
2. The CLIENT is obliged to pay the SERVICE PROVIDER the cost of services within the terms and conditions described in detail in the individual contract.
3. The cost is final and it is subject to change only by mutual agreement.
4. Payment under point 2 can be done:
- By bank transfer to the following bank account of the SERVICE PROVIDER:
PROCREDITBANK, BIC: PRCBBGSF, IBAN: BG42PRCB92301036474417
5. When paying by bank transfer, the CLIENT may cancel the payment order by written notice to the bank and sent written notice to the SERVICE PROVIDER within 30 days from the date of the payment order only if, prior to proceeding with the cancellation of the order, the full amount value of the service has been paid to the SERVICE PROVIDER.
6. In case the CLIENT fails to pay the amount due for the services within the prescribed period - 1 (one) week after the expiry of the requested period for payment, the SERVICE PROVIDER notifies the CLIENT, and then disables the services.
7. A CLIENT who has the right to a discount, but did not respect the time limits for payment of services loses the right to discount without receiving notification by the SERVICE PROVIDER.
8. The SERVICE PROVIDER issues electronically the accounting documents in accordance with Article 7, Paragraph 1 and Article 8 of the Accountancy Act, Article 114 of the VAT Act and Article 78 of the Regulations for Implementation of the VAT Act. The seal is not a binding requisite of the invoice. Each accounting document is sent to the CLIENT`S email address or by mail within the prescribed period.
9. The invoice must be issued not later than 5 (five) days from the date of occurrence of the tax event (Article 113, Paragraph 4 and Paragraph 6 of the VAT Act.), in the case of advance payment - not later than 5 (five) days from receipt of the payment. When the issuing of invoice is not mandatory, it is issued at the wish of the SERVICE PROVIDER or the CLIENT; each Party shall provide necessary assistance to the other party for the issuing.
10. In case of guilty failure to fulfill the CLIENT`S obligations to the contract, related to payment of amounts due, as with failure of any other CLIENT`S obligations, the SERVICE PROVIDER is relieved of their obligations to the previous point.
11. Incase the CLIENT remains dissatisfied with the service purchased for any reason, they have the right to withdraw it within 14 (fourteen) calendar days after the activation of services by the SERVICE PROVIDER. Reimbursement of the full amount of service activation is same as the way the payment was made, and the CLIENT bears all costs of restoring the service.
IX. FINAL CLAUSES
1. The Individual contract and General Conditions are applied and interpreted in accordance with the Bulgarian law.
2. The Parties shall make efforts in good faith to resolve any disputes between them by negotiation.
3. All disputes arising from this Contract or related to it, including disputes arising from or related to its interpretation, invalidity, execution or termination, which cannot be settled voluntarily, will be settled by the competent court at the SERVICE PROVIDER`S headquarter.
4. In case that any clause of the individual contract or the General Conditions is declared, or is invalid, illegal or unenforceable, in whole or in any part of it, then the validity, legality and enforceability of the other clauses will continue its full effect without being affected. The Parties undertake to replace the invalid clause with a clause which by its maximum economic logic is the closest to the invalid clause.
5. All amendments to the individual contract shall be in writing.
6. These General Conditions take effect as of 25.04.2018 and are applied until their explicit cancellation or replacement with others.
